Legal Definitions - equally divided

The term "equally divided" refers to a situation where something is distributed or split into identical portions among a group, or when a vote results in an exact tie.

• In the context of property distribution:

  When property, such as assets from an estate, is to be "equally divided" among beneficiaries, it means that each individual recipient receives an identical share. This is known as a "per capita" distribution, where the division is made "by the head" or by individual person, rather than by family branch or lineage.

  • Example 1: A will specifies that "my residuary estate shall be equally divided among my surviving nieces and nephews." If the deceased had five surviving nieces and nephews, and the residuary estate is $500,000, each of the five individuals would receive $100,000.

    Explanation: This illustrates an "equally divided" distribution because each of the five beneficiaries receives an identical, proportionate share of the estate, regardless of their family unit or other factors. The total sum is simply split into five identical parts.

  • Example 2: A trust document instructs the trustee to "equally divide the trust's income annually among the grantor's three adult children."

    Explanation: Here, the annual income generated by the trust is to be split into three identical portions, with each child receiving one-third of the income. This ensures an equal share for each individual beneficiary.

• In the context of voting or decision-making:

  A court, legislature, committee, or any decision-making body is "equally divided" when the number of votes cast in favor of a proposal or position is exactly the same as the number of votes cast against it. This results in a tie, which often means the proposal fails, or the status quo is maintained.

  • Example 1: In a seven-member city council, a vote is held on a new zoning ordinance. Three council members vote in favor, three vote against, and one abstains.

    Explanation: Although there was an abstention, the active votes for and against the ordinance are tied at three each, meaning the council is "equally divided" on the issue. Typically, without a majority, the ordinance would not pass.

  • Example 2: The Supreme Court of a state, composed of five justices, hears an appeal. After deliberations, two justices vote to reverse the lower court's decision, and two justices vote to affirm it, with one justice recusing themselves from the case.

    Explanation: The court is "equally divided" because there is an even split of votes among the participating justices. In such a scenario, the lower court's decision usually stands because there is no majority to overturn it.