Married Filing Separately - Law Dictionary Search Results
Home Dictionary Name: married filing separatelymarried filing separately
married filing separately The filing status used by a couple that is married at the end of the year and chooses to file separate tax returns. ...
married filing jointly
married filing jointly A filing status used by a couple that is married at the end of the tax year and uses one tax return. ...
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
Separate estate
Separate estate. The Common Law did not allow a married woman to posses any property independently of her husband, but when property was settled to her separate use and benefit, equity treated her, in respect to that property, as a feme sole, or unmarried woman. A wife's separate property might be acquired by a pre-nuptial contract with her husband, or by gift, either from the husband, or from any other person. the (English) Married Women's Property Act, 1882 (see MARRIED WOMEN'S PROPERTY), almost abolished the Common Law distinction between married and unmarried women in respect of property, and the amending (English) Act of 1893 (56 & 57 Vict. c. 63) provided (s. 1) that:-1. Every contract hereafter entered into by a married woman otherwise than as agent,(a) shall be deemed to be a contract entered into by her with respect to and to bind her separate property whether she is or is not in fact possessed of or entitled to any separate property at the time when she enters into such contr...
file
file filed fil·ing vt 1 a : to submit (a legal document) to the proper office (as the office of a clerk of court) for keeping on file among the records esp. as a procedural step in a legal transaction or proceeding [filed a tax return] [a financing statement filed with the Secretary of State] [filing a notice of appeal] ;also : record [filed a mortgage in the Registry of Deeds] NOTE: In nearly all cases, a document is deemed to be filed when it is actually received by the office to which it is directed. A few cases, however, have held that a document is filed upon the mailing of it. b : to place (as a document) on file among the records of an office esp. by formally receiving and endorsing [a complaint filed by the clerk despite the absence of the filing fee] 2 : to return (the documentation in a case) to the records of a clerk of court without any determination of the case ;broadly : to conclude (a case) without a determination on its merits 3 : to initiate (a judicial...
Judicial separation
Judicial separation, granted either to husband or wife on the ground of adultery, cruelty, rape, sodomy, bestiality, non-compliance with a decree for restitution of conjugal rights, or desertion without cause for two years and upwards [(English) Judicature Act, 1925, s. 185]; also by justices, under the Married Women (Maintenance) Acts, 1895 to 1925, to the wife, on the conviction of the husband of aggravated assault, or on the ground of persistent cruelty, forcing her to live apart from him, or on the ground of his being an habitual drunkard [(English) Licensing Act, 1902,s. 5]; and relief can also be obtained by a husband where the wife is an habitual drunkard (ibid.). Under Maintenance Acts the husband can be ordered to make weekly payments to his wife, which can be enforced by imprisonment [R. v. Richardson, (1909) 2 KB 851], but her judgment creditor cannot obtain equitable execution by the appointment of a receiver of such payments, Paquine v. Snary, (1909) 1 KB 688. See also Sum...
Separation
Separation. If a husband and wife cannot agree so as to carry out the purpose of their union, they may resolve to live apart. A deed of separation, containing the terms and conditions upon which an actual and immediate separation is to be arranged, will be valid, so far as relates to the trusts and covenants of the husband; but if it contemplate a contingent or future separation it is void, a opposed to the policy of marriage, and the well-being of the community.The concurrence of trustees is not essential, and a deed of separation will be binding on the wife as well as the husband, though entered into without the intervention of a trustee, McGregor v. McGregor, (1888) 21 QBD 424; Sweet v. Sweet, (1895) 1 QB 12.The Court will decree specific performance of an agreement to execute a deed of immediate separation if based upon sufficient consideration, Gibbs v. Harding, (1870) LR 5 Ch 336.If after the separation, the husband and wife be reconciled, and live together again, that circumstan...
separation
separation 1 : cessation of cohabitation between a married couple by mutual agreement with intent that it be permanent ;also : legal separation compare divorce NOTE: In some cases in which the estrangement is extreme, a separation is considered to have occurred even when the couple retain the same residence if they have stopped communicating and engaging in sexual relations and intend to be separated. 2 : termination of a contractual relationship (as employment or military service) ...
separation agreement
separation agreement : a contractual agreement setting forth terms pertaining to property, child support, or other matters in the separation of a married couple [incorporated the separation agreement into the divorce decree] ...
upgrade a petition
upgrade a petition If you naturalize (become an American citizen) you may ask the U.S. Citizenship and Immigration Services to change the petitions you filed for family members when you were a lawful permanent resident (LPR) from one category to another. This is called upgrading. For example, a petition for a spouse will be changed/upgraded from F2 to IR1. That is, the petition changes from a preference category with numerical limits to an immediate relative category without numerical limits. The applicant no longer has to wait for her/his priority date to be reached. Upgrading a petition sometimes has consequences. A preference petition for a spouse permits derivative status for children. An immediate relative petition does not. You, the petitioner, would need to file separate petitions for each of your children. Source: Department of State. March 2007. ...
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