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LEGAL TERMS

GOODS & CHATTELS

See personal property.

QUITCLAIM DEED

A deed that transfers whatever ownership interest the transferor has in a particular property. The deed does not guarantee anything about what is being transfer... (more...)

A deed that transfers whatever ownership interest the transferor has in a particular property. The deed does not guarantee anything about what is being transferred, however. For example, a divorcing husband may quitclaim his interest in certain real estate to his ex-wife, officially giving up any legal interest in the property. Compare grant deed.

ESTATE

Generally, all the property you own when you die.

OFFENSIVE COLLATERAL ESTOPPEL

A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his la... (more...)

A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his land and the court rules that your fence extends beyond your property line, you can't later file your own lawsuit seeking a declaration that the property line is incorrectly drawn.

INHERITORS

Persons or organizations who receive property from someone who dies.

FRIENDLY SUIT

A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two compani... (more...)

A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two companies might bring a friendly suit to court in order to clarify a legal interpretation of a contract between them.

INCIDENTS OF OWNERSHIP

Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)

Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.

QUASI-COMMUNITY PROPERTY

A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired togeth... (more...)

A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired together in the non-community property state may be considered quasi-community property. Quasi-community property is treated just like community property when one spouse dies or if the couple divorces.

FAILURE OF CONSIDERATION

The refusal or inability of a contracting party to perform its side of a bargain.

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Marshall County, SD Real Estate Lawyers

SPONSORED LAWYERS

Dana J. Frohling

Frank L. Farrar

Ross William Aldentaler

Dan J. Small

Timothy S. Purintun

Danny R. Smeins

Frank L. Farrar

Ross Aldentaler

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LEGAL TERMS

GOODS & CHATTELS

QUITCLAIM DEED

ESTATE

OFFENSIVE COLLATERAL ESTOPPEL

INHERITORS

FRIENDLY SUIT

INCIDENTS OF OWNERSHIP

QUASI-COMMUNITY PROPERTY

FAILURE OF CONSIDERATION

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