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Topic: Family patrimony


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In the News (Tue 29 Dec 09)

  
  Family Patrimony
the net value of property that is included in the family patrimony and that belonged to one of the spouses at the time of the marriage or civil union, as well as a portion of the appreciation in value of the property during the marriage or civil union.
When property has been removed from the family patrimony, without being replaced, in the year preceding the date of the spouse’s death or the date of filing of an application for divorce, separation, annulment or dissolution, the court may order compensation to be paid to the spouse who is disadvantaged by its removal.
In the event of a second partition of the family patrimony, the date on which the spouses began to live together again replaces the date of marriage or civil union for the purpose of applying the partition rules.
www.justice.gouv.qc.ca /english/publications/generale/patrimoine-a.htm   (1721 words)

  
 Divorce lawyers in Montreal (Canada)| family law (divorce, separation, custody cases, alimony, child support, share of ...
Marriage entails the establishment of a family patrimony consisting of certain property of the spouses regardless of which of them holds a right of ownership in that property.
The court may, however, upon the application of one or the other of the spouses or of their successors, decide that the net value of the family patrimony will be established according to the value of such property and such debts on the date when the spouses ceased living together.
Reinvestment during the marriage of property included in the family patrimony that was owned at the time of the marriage gives rise to the same deductions, adapted as required.
pages.infinit.net /dufourd/family6.htm   (688 words)

  
 2. Family as dynasty: Planned coincidence of blood and property.
The terms upon which the patrimony of a family passes from one generation to another are supervised and enforced by the community.
Despite the range of individual variation between specific families, it is possible to set up the notion of a typical family of a given time and region, and to contrast typical families of one period with typical families of another.
In the small family the parents and children are the household, and at the same time the nucleus or center of a larger kinship group which includes more or less distant relatives of both husband and wife.
www.wallandbinkley.com /rcb/book/ch02s02.html   (10044 words)

  
 Éducaloi - La loi vos droits - Married and Civil Union Spouses - Family patrimony
Family patrimony is a direct effect of a civil union and a marriage; it applies to all married or civil union couples regardless of their civil union or matrimonial regime.
The family residence forms part of the family patrimony regardless of whether it is publicised (that means registered at the Registry Office) in the name of one spouse or both.
If the family patrimony was partitioned during a separation from bed and board, it will not be re-partitioned during a divorce or upon the death of one of the spouses.
www.educaloi.qc.ca /en/loi/married_and_civil_union_spouses/147   (3164 words)

  
 Robert Teitelbaum -Frequently Asked Questions
In the Province of Quebec where I have been practicing family law since 1976 and teaching since 1985, legislation was introduced requiring at least one compulsory session of mediation as being a prerequisite to the initiation of legal proceedings in contested cases.
In the process of determination of financial means and needs of the family members, you may well be struck (during this process of discussion, mediation or otherwise) with a significant variance between the declared income and the lifestyle of the family.
Thus the new law enunciated the premise that marriage brings with it the constitution of a family patrimony which is divisible in equal parts between the spouses upon the rupture of the marriage or death, irrespective of in whose name those particular assets were purchased during the marriage.
www.quebecfamilylaw.com /faq.htm   (2064 words)

  
 Chapter 2: A Medieval Catalan Noble Family
The Montcada patrimony remained cohesive in the eleventh century largely because the chiefs of the lineage administered their lordships directly or with the carefully circumscribed participation of collateral members of the family.
The chief possessions of Guillem Ramon [I] in the county of Barcelona was the castle district of Sentmenat and the seneschalcy of Barcelona.
This is suggested by probable ages of birth and transmission of patrimony in the Montcada family and confirmed by the fact that Pere Amat, son of Amat Eldric, became a ward of Ramon Mir d'Aguda "usque ad xx annos" (LFM 1:440-41:419).
libro.uca.edu /montcada/mcnf2.htm   (7518 words)

  
 Gender and Family   (Site not responding. Last check: 2007-10-25)
The nuclear family is described by bonds of marriage, and, consequently, children born in wedlock.
Families were victimised by wars, with their related disappearances, abductions, deaths, rapes, and recruitment of children into guerrilla and/or regular armed forces.
Families will have to be examined and defined less in terms of their formal structure and more in terms of what they physically, emotionally and spiritually provide for their constituent members.
www.undp.org /rblac/gender/legislation/family.htm   (14931 words)

  
 Family patrimony - Chambre des notaires du Québec
The purpose of this legislation was to favour economic equality between spouses and to put an end to the injustices of which the poorer spouse could sometimes be the victim especially where the spouses had chosen the matrimonial regime of separation as to property.
division) of the value of the family patrimony assets in the event of the death of one of the spouses, or a judgment of separation as to bed and board, divorce or nullity of marriage.
The partition of the family patrimony takes place as a result of separation as to bed and board, divorce, nullity of marriage, or the death of one of the spouses.
www.cdnq.org /en/legalInformations/depliants/familyPatrimony.html   (696 words)

  
 Marriage
However, the family patrimony does not include property that was given or bequeathed to one of the spouses either before or during the marriage, or any appreciation in the value of the property.
The family patrimony rules apply to all married spouses and spouses cannot waive rights in the family patrimony before or during the marriage.
The net value of the family patrimony must be established at the time of partition and equally divided between the spouses.
www.justice.gouv.qc.ca /english/publications/generale/maria-a.htm   (4038 words)

  
 Provincial/Territorial Law On Matrimonial Property - Indian and Northern Affairs Canada   (Site not responding. Last check: 2007-10-25)
The purpose of contemporary matrimonial property laws is to recognize the equal position of spouses within marriage, to recognize marriage as a form of partnership and to provide for the orderly and equitable settlement of the affairs of the spouses on the breakdown of the marriage.
The Civil Code of Quebec uses the term "family patrimony" in the English language ("le patrimoine familial" in the French language) to describe the property owned by either spouse including the family residence and movable property.
While the matrimonial home is usually one property (the place where the family ordinarily resides), in some provinces, the definition can encompass more than one property (and thus include a summer residence) if used for a family purpose and otherwise meeting the requirements of the definition.
www.ainc-inac.gc.ca /pr/pub/matr/ptm_e.html   (2094 words)

  
 SIOBHÁN HARTY | Lawyers, Codification, and the Origins of Catalan Nationalism, 1881–1901 | Law and History ...
The importance of patrimony was such that the alienation or division of property was regarded as a moral and material amputation of the family community by which "were lost a part of the territory, a slice of the life, the history and the labor of [one's] ancestors.
The presence of multiple generations organized as a type of community was a reminder that family patrimony was to be perpetuated over time; each generation had the moral duty to pass on family patrimony to the next generation, with which it resided and worked.
Depending on the size of the family business, it was always possible for a younger son to be employed there although he might still be sent to university to acquire a degree in law or engineering, which would add to the stock of expertise in the business.
www.historycooperative.org /journals/lhr/20.2/forum_harty.html   (13907 words)

  
 Jamaica Gleaner - Martha Brae exposed - Sunday | April 20, 2003
Revivalist and Rastafarian religion and the family life of the poorest parts of the Jamaican rural population which has had one foot in and one foot out of the sugar industry are also discussed.
She shows convincingly that there is a stable Jamaican family system which goes back to the period of slavery, as the work of scholars such as Professor Barry Higman established in the 1970s.
The oft repeated cliché that the traditional Jamaican family is weak and many Jamaicans are poor and the birth rate high because of the low marriage rates and the system of delayed marriage is once again dispelled by careful argument and empirical data.
www.jamaica-gleaner.com /gleaner/20030420/arts/arts1.html   (1751 words)

  
 Patrimony
Property or other legal entitlements inherited from (or through) one's father, especially if it has been handed down through generations in the same family.
Patrimonies may also exist independent of persons such as the patrimony of affectation, similar but substantially different from the common law trust or the patrimony of a foundation when it is a social trust[?].
Please if you are knowledgeable you can help improve this article.
www.ebroadcast.com.au /lookup/encyclopedia/pa/Patrimony.html   (108 words)

  
 Ascoli - Family and Neighbourhood
The percentage of extended and complex families is remarkably high for a town whose territory is mainly located on the Tavoliere, but is probably explained by the urban skewing of its occupational structure, its class composition and the fact that only a small proportion of its inhabitants is directly employed on large cereal estates.
If Da Molin (1990) is right in suggesting that family solidarity (and not recruitment of a work force) is the most convincing single reason for Puglian extended families, that objective is equally achieved through residential propinquity.
Among elites newly married couples are generally incorporated into pre-existing households albeit with a degree a residential autonomy; for other urban core families marriage certainly creates an independent household but, as Davis (1976) points out, the practice of endowing daughters with houses tends to encapsulate that household in a matrifocal neighbourhood.
lucy.ukc.ac.uk /jb6/archives/ascpaper/ascfamc18.html   (1679 words)

  
 Éducaloi - À bon port - Family Law - Separation in an immigration context
The family patrimony is made up of property the value of which will be equally divided among the spouses if they divorce, regardless of which spouse is the owner.
But the Quebec rules on family patrimony do not apply if one spouse lives in Quebec and the other spouse lives abroad, unless the property in the family patrimony is located in Quebec.
Any such clause goes against the rules of the family patrimony and will be considered null and void, even if the contract was signed in another country where it would have been legal.
www.educaloi.qc.ca /en/abonport/family_law/357   (2071 words)

  
 Patrimony - Wikipedia, the free encyclopedia
The sum total of all personal and real entitlements, including movable and immovable property, belonging to a real person or a moral person.
National patrimony, the store of wealth or accumulated reserves of a national economy
A science fiction novel, Patrimony, by Alan Dean Foster.
en.wikipedia.org /wiki/Patrimony   (180 words)

  
 [No title]   (Site not responding. Last check: 2007-10-25)
Families in these neighborhoods tend to be resigned to making little progress on their home expansion efforts and thus to suffering the ill effects of crowding.
Patrimony Hoy managers began by carefully studying the methods of the Grameen Bank, the organization that invented the concept of microlending – providing tiny loans to the very poor so they can launch their own businesses and become micro-entrepreneurs.
At the same time, low-income communities are pervaded by a sense of resignation that extends to the station of life to which a person is born, fate, and an inability to reconcile traditional values – such as making expenditures for communal celebrations – with modern aspirations such as financial planning and asset accumulation.
www.changemakers.net /journal/02september/herbst.cfm   (5754 words)

  
 Quebec Divorce Lawyer - Common Issues
In family cases, particularly in the case of deliberately defaulting alimentary debtors, or debtors who structure their financial affairs in such a manner as to render themselves judgment proof, the Courts routinely impose prison sentences where it appears that the imposition of a fine will prove useless.
The valuation of the assets subject to division in the case of both the family patrimony and partnership of acquests is made, as a general rule, as of the date on which the proceedings are instituted.
The owner is entitled to a deduction for the net value of a family patrimony asset that was owned at the time of the marriage (and thus brought into the marriage), and as well to a further deduction for the " plus-value" calculated on this value.
www.quebecdivorcelawyer.com /Common_issues/index.html   (10997 words)

  
 Bush Family Funded Adolf Hitler
At the beginning of the 1920s, one of the members of this family, Fritz Thyssen - author of I Paid Hitler - contributed some $25,000 USD to the recently formed German National Socialist Workers' Party, becoming the prime and most important financier of the Fuhrer in his ascent to power.
However, in 1951, the embargo was lifted and the enterprising businessman recovered some $1.5 million USD, earmarked for new investments largely to swell the Bush family's patrimony.
The Bush family's habit of dominating territories and wealth is nothing new.
www.rense.com /general40/bushfamilyfundedhitler.htm   (1031 words)

  
 A Marriage Contract: For the Optimal Planning of a Second Marriage   (Site not responding. Last check: 2007-10-25)
• the project to jointly acquire one or many family residences - vs - the individual wish of each spouse not to share the gifts or inheritances received prior to or during the marriage, or reinvestment during the marriage of property that was owned at the time of marriage.
a) foreign family and matrimonial laws may affect property owned by the spouses and the treatment of such property in the event of the dissolution of the marriage or death of a spouse;
Otherwise, the spouse who is the first to sell one of the family residences could be the only one allowed to claim the exemption and, depending on the circumstances, this may be neither the fairest nor the most equitable result between the spouses;
www.hg.org /articles/article_716.html   (942 words)

  
 Faculty Research Grants - Sonya Salamon   (Site not responding. Last check: 2007-10-25)
With fewer job options than urban families, rural parents tend to be limited to “bad jobs” having few medical or other fringe benefits, and offering part-time or unpredictable full shifts.
Her early research focused on Illinois farm families, land tenure, and sustainable agriculture culminated in her book: Prairie Patrimony: Family, Farming and Community in the Midwest.
It describes how intergenerational family land transfers are a fundamental mechanism for reproducing ethnically distinctive land tenure, family and community cultural and social relations.
www.familyresiliency.uiuc.edu /researchgrants/sonya_salamon_grant.htm   (845 words)

  
 An Inventory of Government-Based Services That Support the Making and Enforcement of Custody and Access Decisions   (Site not responding. Last check: 2007-10-25)
An impartial mediator works with the parties in situations of family breakdown to help negotiate a fair agreement that meets the needs of each member of the family concerning the division of property and parental responsibilities.
The Family Mediation Service of the Superior Court pays the mediator's fees for a total of either six or three sessions, as the case may be.
Family matters are usually covered by the legal aid system, including cases involving the survival of the support obligation; tutorship of a minor; and cases brought under the Act Respecting Civil Aspects of International and Interprovincial Child Abduction; and the Youth Protection Act.
canada.justice.gc.ca /en/ps/pad/reports/invent/pq.htm   (2800 words)

  
 Goldwater, Dubé
After all, once issues of custody and access are set aside, the remaining claims between husband and wife are all of a financial nature: alimentary support, partition of the value of the family patrimony, compensatory allowance, and last but not least, attorney’s fees.
Insofar as the family law practitioner must be able effectively to execute judgments of the Superior Court against bankrupt individuals (invariably the husbands), and must at the same time have his fees paid, this paper will address the practical considerations involved in confronting the obstacles a bankruptcy may create.
In his book, Family Evaluation in Child Custody Mediation, Arbitration, and Litigation (1989 Creative Therapeutics), Dr. Gardner devotes a chapter to describing his clinician’s view of this disorder within the context of the psychologist’s process of evaluation, recommendation and testimony in custody litigation.
pages.infinit.net /goldwate/en/publications   (373 words)

  
 The Continuity of Feudal Power - Cambridge University Press
The Continuity of Feudal Power is an analytic study of a family of the Neapolitan aristocracy during the early modern period, with particular focus on the time of Spanish rule (1503-1707).
Professor Astarita reconstructs the family's patrimony, administration and revenues, the family's relationship with the rural communities over which it had jurisdiction, its marriage and alliance policies, and the relations between the aristocracy and the monarchical government.
His emphasis is on the continuing importance of feudal traditions, institutions and values both in the definition of the aristocracy's status and in its success in ensuring the persistence of its wealth and power within the kingdom.
www.cambridge.org /catalogue/catalogue.asp?ISBN=052189316X   (291 words)

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