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Simple English definitions for legal terms
non tenent insimul
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A quick definition of non tenent insimul:
Term: NON TENENT INSIMUL
Definition: Non tenent insimul is a legal term that means "they do not hold together" in Latin. It was used in the past in a partition action, where the defendant would deny having a joint tenancy with the plaintiff in the estate that was being disputed. In simpler terms, it means that the defendant is claiming they do not have equal ownership of the property with the plaintiff.
A more thorough explanation:
NON TENENT INSIMUL
Non tenent insimul is a Latin term that means "they do not hold together." In legal terms, it refers to the defendant's plea in a partition action, where they deny having a joint tenancy with the plaintiff in the estate that is being disputed.
For example, if two siblings inherit a property from their parents, and one of them wants to sell their share, they may file a partition action to divide the property. If the other sibling denies having a joint tenancy with them, they can use the plea of non tenent insimul to defend their claim.
Another example could be in a business partnership where one partner wants to dissolve the partnership and divide the assets. If the other partner denies having a joint tenancy with them, they can use the plea of non tenent insimul to dispute the claim.
These examples illustrate how the plea of non tenent insimul can be used to deny a joint tenancy and defend one's claim in a partition action or other legal dispute.