A legal principle determining the share each co-owner has in a property based on their direct financial contributions towards its acquisition.
Actual Contribution Rule
A secondary probate process conducted in a different state from where the deceased primarily resided, usually for handling out-of-state property.
Ancillary Probate
A form of ownership between married spouses where all assets acquired during the marriage are owned equally by both.
Community Property
A form of ownership where a person benefits from property even though it is legally in another’s name.
Equitable Ownership
The highest and most complete form of property ownership, which includes the right to use, lease or sell the property at will.
Fee Simple Ownership
Property that represents value but has no physical form, such as stocks, bonds, and intellectual property.
Intangible Personal Property
A form of co-ownership where property automatically passes to the surviving owners upon the death of one owner.
Joint Tenancy With Rights of Survivorship
The formal, recognized right to control a property, often documented and registered.
Legal Ownership
A form of property ownership where one has the right to use, enjoy, and benefit from a property during their lifetime, but cannot bequeath it.
Life Estate
Property acquired while living in a non-community property state that would be considered community property if the couple were living in a community property state.
Quasi-Community Property
Property consisting of land and anything permanently attached to it, including buildings and natural resources.
Real Property
The primary place where a person lives and intends to return, often used for legal purposes such as taxation and divorce.
Residence Domiciliary
Ownership of property by one person or entity, without any other party’s interest.
Sole Ownership
Property that has physical form and can be touched, such as furniture, jewelry, and vehicles.
Tangible Personal Property
A form of joint ownership available only to married couples, providing survivorship rights and protection from creditors for one spouse’s debts.
Tenancy by the Entirety
A form of co-ownership where each party owns a specified share of the property, which can be passed on to heirs.
Tenancy in Common
An interest in property or an asset that lasts for a specified period, after which ownership can revert to another party.
Term Interest
The right to use and enjoy the benefits of someone else’s property without owning it.
Usufruct