Simple English definitions for legal terms
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Remainder subject to divestment: This means that someone has the right to own something, but that right can be taken away or "divested" under certain conditions. It is similar to a defeasible remainder, which is a type of property ownership that can be lost if certain conditions are not met. Essentially, a remainder subject to divestment is a type of ownership that is not completely secure and can be lost if certain conditions are not met.
A remainder subject to divestment is a type of defeasible remainder, which means that the right to inherit property is not absolute and can be taken away under certain conditions. In the case of a remainder subject to divestment, the right to inherit the property is conditional upon the occurrence of a specific event or condition.
For example, if a father leaves his house to his son, but with the condition that if the son gets married, the house will go to his daughter instead, then the son has a remainder subject to divestment. If the son gets married, the condition is triggered, and the son's right to inherit the house is divested, or taken away, and the daughter becomes the new owner.
Another example could be if a person leaves a piece of land to a charity, but with the condition that the charity must use the land for a specific purpose, such as building a community center. If the charity fails to use the land for that purpose, the remainder subject to divestment would allow the property to go to another beneficiary.
These examples illustrate how a remainder subject to divestment can be used to ensure that property is used in a specific way or to provide for alternative beneficiaries if certain conditions are not met.
remainder subject to a condition precedent | remainder subject to open