Alaska Statutes 34.77.900 – Definitions

In this chapter,

(1) “acquire” in relation to property includes obtaining reductions of indebtedness on encumbered property and obtaining a lien on or a security interest in property;

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Terms Used In Alaska Statutes 34.77.900

action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Intestate: Dying without leaving a will.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Lien: A claim against real or personal property in satisfaction of a debt.
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
property: includes real and personal property. See Alaska Statutes 01.10.060
writing: includes printing. See Alaska Statutes 01.10.060

(2) “appreciation” means a realized or unrealized increase in the value of property;

(3) “community property” means property owned jointly by both spouses under a community property agreement or a community property trust;

(4) “community property agreement” means an agreement that complies with Alaska Stat. § 34.77.090;

(5) “community property trust” means an express trust that complies with Alaska Stat. § 34.77.100;

(6) “decree” means a judgment or other order of a court;

(7) “determination date” means the later of

(A) marriage;

(B) the effective date of a community property agreement or a community property trust; or

(C) May 23, 1998;

(8) “disposition at death” means the transfer of property by will, intestate succession, nontestamentary transfer, or other means that take effect at the transferor’s death;

(9) “dissolution” means

(A) termination of a marriage by a decree of dissolution, divorce, annulment, or declaration of invalidity; or

(B) entry of a decree of legal separation or separate maintenance;

(10) “during marriage” means a period that begins at marriage and ends at divorce, dissolution, or the death of a spouse;

(11) “held” means the registration, recordation, or filing by a person in a public office in the name of the person of a document of title to property, or the issuance in the person’s name of a writing that customarily operates as a document of title to the property;

(12) “income” means dividends, interest, and net rents and other net returns attributable to investment, rental, licensing, or other use of property unless attributable to a return of capital or to appreciation;

(13) “management and control” means the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, institute or defend a civil action regarding, or otherwise deal with property as if the property is the property of an unmarried person;

(14) “notice” of a fact means a knowledge of it, receipt of a notification of it, or reason to know that it exists from the facts and circumstances known to the person;

(15) “presume” or a “presumption” means the imposition on the person against whom the presumption or presumed fact is directed of the burden of proving that the nonexistence of the presumed fact is more probable than its existence;

(16) “property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property;

(17) “written waiver” means a document signed by a person against whose interests it is sought to be enforced.

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