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Marital Portion - Law Dictionary Search Results

Home Dictionary Name: marital portion

marital portion

marital portion in the civil law of Louisiana : a one-fourth portion that a surviving spouse is entitled to claim from the estate of a spouse who has died rich in comparison to the surviving spouse compare disposable portion, falcidian portion, legitime ...


Falcidian portion

Falcidian portion [from Falcidius, Roman tribune who proposed the law passed in 40 B.C. that established the portion] : the one-fourth portion of a succession that may be retained by the instituted heir in civil law if more than three-fourths of the succession was bequeathed to other legatees compare legitime, marital portion NOTE: The Falcidian portion is expressly abolished in the Louisiana Civil Code. ...


disposable portion

disposable portion in the civil law of Louisiana : the portion of a testate succession that may be donated to legatees other than the forced heir compare marital portion ...


legitime

legitime [French, from Latin legitima (pars) the lawful (share)] in the civil law of Louisiana : the portion (as one-fourth) of a testate succession that is reserved for a forced heir called also forced portion compare disposable portion, falcidian portion, marital portion NOTE: The fraction used to calculate the legitime will vary depending on the number of forced heirs. ...


Marital rights

Marital rights. Rights of a husband. Where a woman, during a trety for marriage, made a settlement of property without the concurrence of her intended husband, the husband after the marriage was entitled to have such settlement set aside as a 'fraud on his marital rights' (see Strathmore v. Bowes, (1789) 1 Ves Jun 22; 1 Wh. & T.L.C.); but the Married Women's Property Act, 1882 (see MARRIED WOMEN'S PROPERTY), has virtually abolished this right of the husband, which was founded on the rule of the Common Law (abrogated by that statute) that the property of the wife became by marriage the property of the husband. The term is sometimes used as meaning conjugal rights (q.v.)....


marital

marital : of or relating to marriage or the married state ...


marital asset

marital asset see asset ...


marital deduction

marital deduction see deduction ...


marital deduction trust

marital deduction trust see trust ...


marital property

marital property see property ...


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