Glossary entry

Norwegian term or phrase:

sitte i uskifte med

English translation:

retain 'undivided possession' > the unsevered joint life tenancy > of

Added to glossary by Adrian MM.
Apr 15, 2021 14:56
3 yrs ago
15 viewers *
Norwegian term

sitte i uskifte med

Norwegian to English Law/Patents Law (general) will and testament
Hi, I'm trying to figure out how to most accurately construct the following. "retain possession of the undivided estate regarding our common residence"? This appear in a gjensidig testament as below. Thanks for your help!


Det er vårt ønske at vi begge får sitte i uskifte med vår felles bolig i XXXXXXX.
Vi ber våre respektive arvinger om å respektere dette og gi samtykke til at vi sitter i uskifte
Change log

Apr 19, 2021 09:50: Adrian MM. changed "Edited KOG entry" from "<a href="/profile/853717">dmesnier's</a> old entry - "sitte i uskifte med "" to ""retain > joint title > Anglo-Am law: the unsevered joint life tenancy""

Apr 19, 2021 09:55: Adrian MM. changed "Edited KOG entry" from "<a href="/profile/2688125">Adrian MM.'s</a> old entry - "sitte i uskifte med "" to ""retain 'undivided possession' > the unsevered joint life tenancy""

Discussion

eodd Apr 15, 2021:
A similar question has been asked previously:
https://www.proz.com/kudoz/danish-to-english/law-general/112...

Proposed translations

1 hr
Selected

retain > joint title > Anglo-Am law: the unsevered joint life tenancy

Einar Haugen: retain undivided possession
Egil Gulbransen, Juridisk leksikon - the entry has disappeared within the last 5 minutes.

Severance of joint tenancy > a misnomer for ownership into separate title known as tenancy-in-common: seems to throw a lot of translation agencies that, negligently, change back the term to joint title.

The Norwegian daughter of an English student contemporary of mine living in Norway - and contesting probate or 'confirmation' of his late sister's and brother-in-law's Scottish Will - mentioned this expression to me the other day and seemed to imply it was a 'life tenancy or interest': Scots: liferent whilst either spouse was alive. So I am still trying to work out the arrangement after many decades.

Note a gjensidig testament, loosely as a 'mutual will'. In England + Wales, strictly, a joint will is one single doc. signed both parties. Mutual wills are two or more wills made in each other' favo/u/r. Controversially in English and Aussie, it or they create a 'floating trust' that crystallis/zes on the death of either spouse.


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Note added at 1 heure (2021-04-15 16:11:22 GMT)
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retain possession of the undivided estate regarding our common residence > retain joint title *to* / or / the unsevered joint life tenancy *of* our mutual abode or residence in ...
Example sentence:

What is severance? Severance is the way in which a joint tenancy may be converted into a tenancy in common. It can essentially be severed by one of the joint tenants acting on their notional share, by mutual agreement or by mutual conduct.

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4 KudoZ points awarded for this answer. Comment: "Thanks for your fine help!"
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