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Simple English definitions for legal terms
parcenary
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A quick definition of parcenary:
Parcenary: When two or more people inherit something together from one ancestor, they share the ownership equally. This is called parcenary or coparcenary. It usually happens when the ancestor has no sons but has two or more daughters. If the owners want to split the ownership or if one owner wants to sell their share to someone else, they can do so.
A more thorough explanation:
Definition: Parcenary (pahr-sə-ner-ee) is a type of co-ownership that arises when two or more people inherit an estate equally from one ancestor. The title and right of possession are shared equally by all.
Example: When a person dies without leaving a will, their property is distributed among their heirs according to the rules of intestacy. If the decedent is survived by two or more daughters but no sons, the daughters become coparceners and inherit the property equally. They become joint owners of the property and have equal rights to possess and use it.
Explanation: The example illustrates how coparcenary works in practice. When there are multiple heirs, they become joint owners of the property and share the rights and responsibilities of ownership equally. This can lead to complications if the co-owners have different ideas about how to use or manage the property, which is why coparcenary is not a common form of ownership today.