Written by attorneys · grounded in primary & secondary sources — see below
A complete collection of property interests held by a designated owner or owners. The phrase identifies every item of real or personal property without exception unless a statute or agreement carves out a narrower subset.
Sources & Authorities· 17 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
How it applies
Common Examples
6
Marital Property Classification
Alexandra Armstrong and Antonio Alvarado married in a Uniform Marital Property Act state. Alexandra owned a vacation cabin acquired before the marriage and a brokerage account funded entirely with post-marriage salary. Because the statute treats all property of spouses as marital property unless classified otherwise, the brokerage account is subject to the one-half undivided interest rule while the cabin remains individual.
Power of Attorney Scope
Amber Alonzo executed a power of attorney granting her agent authority over real estate. The agent used the power to sell Amber's rental house and to execute a new lease on an adjacent lot the principal later acquired. The statute permits the agent to perform any lawful act with respect to the subject and all property related to the subject, so both transactions are authorized.
Ashford Manufacturing merged into Alliance Holdings. Ashford owned factory equipment and a pending supply contract. Upon the merger's effective date the equipment and contract rights became the property of Alliance Holdings without any separate deed or assignment because the statute provides that all property owned by each non-surviving corporation passes to the survivor.
LLC Merger Vesting
Arcadia Retail merged into Alpine Mining. Arcadia held inventory and an unrecorded easement. The statute provides that all property of each merging entity vests in the surviving entity without transfer or impairment, so Alpine Mining now holds both the inventory and the easement as a matter of law.
Marital Property Presumption
Ariana Azizi and Audrey Ashton acquired a vacation home during marriage with joint earnings. No marital property agreement reclassified the home. The statute presumes all property of spouses to be marital property, so each spouse holds a present undivided one-half interest subject to equitable division on divorce.
Will Residuary Clause
Angela Acosta's will contained a clause stating that all property she owned at death passed to her children. After executing the will Angela purchased additional rental property. The statute permits a will to provide for the passage of all property the testator owns at death and all property acquired by the estate after death, so the newly purchased rentals pass under the residuary clause.
Common questions
Frequently Asked
2
Does a will that disposes of all assets prevent any property from passing by intestacy?+
No. A will disposes only of the property it effectively covers. Property omitted from the will passes by intestacy even when the will contains language purporting to reach all assets.
Supporting sources
When spouses divorce, does the marital property presumption apply to every asset they own?+
Yes. The statute creates a presumption that all property of spouses is marital property, placing the burden on the spouse claiming individual classification to rebut it with clear evidence.
Supporting sources
535 U.S. 274, 122 S. Ct. 1414, 152 L. Ed. 2d 437 (2002)Property
…534 U. S. 1074 (2002). II The Internal Revenue Code authorizes the imposition of a lien in favor of the United States on “all property and rights to property, whether real or personal,” belonging to a person liable for federal taxes. 26 U. S. C. §6321. The Code does not define “property” or “rights to property.” We have…
Trusts and Estates Decedents EstatesIntestate succession · Share of children and more remote descendantsUBEFoundational