Written by attorneys · grounded in primary & secondary sources — see below
An interest consisting of one of two equal undivided shares in marital property held by each spouse.
Select any source to read its text and confirm it supports the definition.
Hilda Hernandez and her spouse acquired a home during marriage using joint earnings. Upon separation Hilda asserts her claim to an equal portion of the residence value. The court recognizes her present undivided share as marital property under governing rules.
Hakeem Harris and his spouse held marital property in a brokerage account. One spouse transferred half the balance without consent. The other spouse sued to recover the value of the present undivided one-half interest.
Holly Hayes and her spouse dissolved their marriage. The decree confirmed each former spouse's undivided one-half interest in remaining marital assets as tenants in common.
Hazel Hoffman’s spouse gifted marital property without required consent. Hoffman sued to recover the value of her present undivided one-half interest or a compensatory judgment.
Hassan Hakim’s spouse mismanaged marital funds, damaging the value of Hakim’s share. Hakim brought an action for breach of the duty of good faith affecting his present undivided one-half interest.
Hannah Hale and her former spouse held former marital property after dissolution. Each owned an undivided one-half interest as tenants in common under the governing statute.
Each spouse holds a present undivided share that supports claims for breach of good faith duties affecting that interest. The share remains protected even if one spouse attempts an improper transfer of marital assets.
Supporting sources
…of ancient or even of common-law origin. Instead, they derive from statutory changes effected, for the most part, in the latter half of the 19th century. III The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back as far as Union Pacific R. Co. v. Botsford ,…