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sumsæreje

English translation: specified amount of separate property

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Danish term or phrase:sumsæreje
English translation:specified amount of separate property
Entered by: Pernille Kienle

20:06 Sep 24, 2023
Danish to English translations [PRO]
Law/Patents - Law (general) / Divorce settlement
Danish term or phrase: sumsæreje
Part of a divorce settlement:

Vedrørende det i ægteskabet indbragte svarer ægtepagtens nærmere bestemmelser til sumsæreje med regulering efter nettoprisindekset.

I am unable to find the English term/equivalent for sumsæreje anywhere online or on print. Does anyone have a suggestion? Thanks in advance!
Pernille Kienle
Canada
Local time: 22:49
specified amount of separate property
Explanation:
I haven't seen this done before in the U.S., but I avoided all opportunities to take family law cases when I was practicing. ;-)

From the reference below:

"An agreement on separate property may be limited to include one or several of your assets (“genstandssæreje”),a part of your assets depending on how or when you have acquired the assets in question (“erhvervelsessæreje”),a fraction or percentage of your assets or of one or several assets (“brøkdelssæreje”),a specified amount or a specified amount of the value of one or several assets (“sumsæreje”),your entire property except for a specified amount or with the exemption of a specified amount of the value of one or several assets (“sumdeling”)."

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Note added at 23 hrs (2023-09-25 19:54:36 GMT)
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I agree that your #2 fits best. The other suggestion sounds contrived to me.
Selected response from:

Charles Ek
United States
Local time: 00:49
Grading comment
Tak!
4 KudoZ points were awarded for this answer



Summary of answers provided
4specified amount of separate property
Charles Ek
3 -1separate ownership (CanE/ E&W: tenancy-in-common) of a capped value
Adrian MM.


  

Answers


36 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
separate ownership (CanE/ E&W: tenancy-in-common) of a capped value


Explanation:
Note - despite my futile efforts to explain on ProZ - that a tenancy-in-common is historically not really a tenancy but a proprietary title, including of bank accounts, as opposed to shared 'joint tenancy', again of 'jointly tenanted' bank accounts.

Charles E. has beaten me to it, so I will defer with a 3 CL / confidence level.

Example sentence(s):
  • En ægtepagt om sumsæreje indebærer, at et bestemt beløb er særeje, f.eks. de første kr. 250.000 af den ene ægtefælles formue,
  • Joint Tenant: Each joint tenant has equal rights to the whole property. Tenants in Common: Each tenant in common can hold a different share of the property.

    Reference: http://www.ret-raad.dk/hvad-er-en-aegtepagt-med-sumdeling/
    Reference: http://www.realized1031.com/tenants-in-common-tic
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
disagree  Charles Ek: This has absolutely nothing to do with a tenancy in common. Did you not even read the Danish source I cited? Until you understand what "community property" is in the family law context (which you clearly don't), I suggest you avoid commenting further.
6 hrs
  -> yes, I did: including the sumdeling explanation. Otherwise, the ref. cites 'community property' that is aka a joint tenancy in Eng. law (iincludes a joint bank a/c) that the weblink omits vs. - for gen. ProZ. info - tenancy-in-common as separate property.
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17 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
specified amount of separate property


Explanation:
I haven't seen this done before in the U.S., but I avoided all opportunities to take family law cases when I was practicing. ;-)

From the reference below:

"An agreement on separate property may be limited to include one or several of your assets (“genstandssæreje”),a part of your assets depending on how or when you have acquired the assets in question (“erhvervelsessæreje”),a fraction or percentage of your assets or of one or several assets (“brøkdelssæreje”),a specified amount or a specified amount of the value of one or several assets (“sumsæreje”),your entire property except for a specified amount or with the exemption of a specified amount of the value of one or several assets (“sumdeling”)."

--------------------------------------------------
Note added at 23 hrs (2023-09-25 19:54:36 GMT)
--------------------------------------------------

I agree that your #2 fits best. The other suggestion sounds contrived to me.


    https://www.kirklarsen.dk/en/area-of-expertise/specialist-areas/family-law-and-inheritance/marriage-contract/
Charles Ek
United States
Local time: 00:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 73
Grading comment
Tak!
Notes to answerer
Asker: Awesome - thanks!

Asker: So, which is it then? 1: separate property in a specific amount or 2: specified amount of separate property? I thought #2 fits best, no?

Asker: Thank you!


Peer comments on this answer (and responses from the answerer)
neutral  Adrian MM.: it's the other way round: separate property in a specific amount.
14 hrs
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