Home » LEGAL DICTIONARY

Abandonment: Intentionally and permanently giving up, surrendering, and deserting property, premises, contract rights, a spouse, and/or a child.

Alimony: Support paid by one ex-spouse to another as ordered by the court.

Attorney: Someone legally authorized to act for another person.

Breach of Contract: Failure to complete or carry out and term of a binding written or oral contract without a legal excuse.

Child Custody: A court order on which parent, relative, or adult should have physical control and responsibility over the child until the age of 18.

Child Support: A court ordered financial amount to be paid by one parent to the custodial parent until the child reaches the age of 18.

"Cloud" on a Title: A claim, actual or apparent, that is outstanding on a title to a property.

De Facto Corporation: A company which has yet to or is in the process of filing articles and other information, yet the court recognizes as a legal corporation.

Du Jure Corporation: A company in good standing and a legal corporation.

Defective Title: A title which legally fails because of a faulty description, the prior title holder did not have legal title holding or another "cloud" over the deed.

Dispossess: To remove someone from a property.

Dissolution of Corporation: The termination of a corporation voluntarily or court imposed.

Divorce: The legal termination of a marriage.

Domestic Relations: The legal area of dealing with divorce, custody, alimony, and annulments.

Escrow: An account held by the Escrow Agent (simply an individual, escrow or title company) into which all documents and funds are deposited in the transfer of property or possession.

Eviction: Kicking someone out of the property, most often for a breach of contract, such as rent.

Foreclosure: The process that requires the sale of a property because money is due, unpaid interest, and costs of foreclosure to a mortgagor when the debtor fails to make payments.

Foreclosure Sale: Forced, legal sale of a property at auction, most often at a court house. Before such a sale can occur in Georgia, the property must be advertised for four (4) weeks.

Forfeiture: The loss of property because of a violation of the law.

Future Interest: The right to property or possession after reaching the age of 18, marriage, outliving another beneficiary, or death of a family member.

Indenture: A property deed in which two parties agree to mutual obligations. An example would be that one party maintains the property, while the other party agrees to make payments.

Joint Custody: A court decision, usually upon agreement of both parents, that custody of the child or children will be shared.

Judicial Foreclosure: A court judgment in favor of a foreclosure on a property which orders that said property can be sold under the guidelines of foreclosure to pay off the debt.

Landlord: A person who owns and rents land or property to a tenant.

Lease: A written agreement in which the owner of a property (land, housing, car, etc.) agrees to:

  • The use of the property
  • A certain predetermined amount of time
  • Specifically timed payments (rent)
  • Any other terms and conditions

Lessee: A person renting a property for an owner. (also Tenant)

Lien: A claim against a property for a debt by a borrower or amounts due for services.

Mechanic’s Lien: The right of any contractor who provided services to a property to put a lien on the property for the value of services and materials rendered should payments not be met.

Month-to-Month: A lease that is on a monthly basis from a landlord to a tenant. This type of lease does not need to be in writing and can be terminated by the landlord with 30 days notice.

No-Fault Divorce: A legal termination of marriage in which no wrong is needed by either spouse involved. Either of the spouses can simply claim irreconcilable differences and the divorce may be issued.

Notice to Quit: A notice given to tenant by a landlord that requires the tenant to evacuate the premises in a certain amount of days or pay the outstanding rent within a certain period of time.

Oral Contract: A contract agreed upon through spoken words and no or little writing. Oral contracts ARE just as legal and binding as written contracts, however, proving the terms and conditions is difficult in a court of law.

Prenuptial Agreement: A written agreement between two people about to be married setting out the terms of division of assets should the marriage end in divorce.

Real Estate: Everything included with the land in question: improvements, building, attachments, and growing things.

Separation: Married people living apart, whether in different residences or together without sexual relations. Georgia does not recognize legal separation.

Title: Ownership of property or possessions that denies the right of ownership to anyone else. Titles are most often represented with a deed.

Wrongful Foreclosure: Foreclosure, in Georgia, follows strict guidelines. If the owners of property are not given 30 days notice of a foreclosure and the property has not been advertised for one month (four (4) weeks) it is a wrongful foreclosure.