Aequa manu is a Latin term that translates to "in equal hand." It is a legal principle used primarily in property law, which refers to situations where property is held equally between two parties. Under this principle, both parties must deposit the property in question with a neutral third party, ensuring that neither party has an unfair advantage over the other.
This term is commonly used in civil law, particularly in property disputes. It is often relevant in cases involving joint ownership or shared property interests. Users may encounter this principle when dealing with legal forms related to property transfers, joint ownership agreements, or disputes over shared assets. Legal templates from US Legal Forms can assist individuals in drafting necessary documents to comply with this principle.
Here are a couple of examples of abatement:
Example 1: Two business partners own a piece of equipment together. They cannot agree on its use, so they decide to deposit the equipment with a third-party storage facility until they can resolve their dispute.
Example 2: A couple going through a divorce must deposit their jointly owned property with a neutral party until they can agree on how to divide their assets. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Property disputes often involve mediation before applying aequa manu. |
| Texas | Emphasizes equitable distribution in property division, aligning with aequa manu principles. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Joint Tenancy | A form of property ownership where two or more individuals hold equal shares. | Joint tenancy does not require a neutral third party for property disputes. |
| Tenancy in Common | A form of ownership where two or more individuals hold property but may have unequal shares. | Tenancy in common does not involve the equal hand principle and allows for unequal ownership. |
If you find yourself in a situation involving shared property, consider the following steps:
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Aequa manu means "in equal hand" and refers to a legal principle for jointly held property.