Voluntary Alienation
The definition of voluntary alienation in real estate is the transfer of the residency rights or deed of a property between two parties without the use of extraneous legal measures. Unlike involuntary alienation, when voluntary alienation occurs, it usually does so peacefully, without contention between the interested parties; hence the distinction between the two.
Due to the wide breadth of this term, many actions in real estate can carry this moniker. A home sale, a relocation upon the termination of a rent contract, and gifting of property to a friend or relative all can be defined as voluntary alienation. To better understand the term, let’s look at an example of voluntary alienation in real estate.
Example of Voluntary Alienation in Real Estate
Axel is a middle-aged family man working in middle management at an insurance firm. In the sixteen years since he married his high school sweetheart, Axel has had two kids, worked his way up several rungs of the corporate ladder and now owns a respectable bungalow in a nice, quiet suburb.
However all is not well here; over the years, the emotional distance between Axel and his wife has grown, and they have become less and less functional as both parents and partners. One night, their relationship reaches its tipping point. While laying in bed watching TV, Axel and his wife turn to one another, and simultaneously blurt out: “I want a divorce”.
In order to spare their children the turmoil that accompanies a rough and messy divorce, the pair agree on a no-contest parting arrangement. Axel will take 50 percent of their assets and move to a smaller, more affordable dwelling place in the city, and his wife and the children will remain at the house in which they currently reside.
As the deed is in Axel’s name, he will need to voluntarily alienate himself from the property, transferring ownership of it to his wife and putting the deed in her name.
Popular Real Estate Terms
To obtain the right through authorization to act as a legal representative and agent for another. ...
Direct line of descent as from father to son. An example of a lineal hereditament would be passing of the title of real property by virtue of a will to the first-born son. ...
An individual for whom a court has awarded a financial judgment against a debtor. For example, a court award makes Smith a judgment creditor against Cole for $2,000. ...
Methods of materials used in designing and fabricating a building. ...
(1) Mildly convex arch built into a load bearing beam, girder, or truss to counteract any load bearing stress placed on it. (2) Slight slope designed into a structure such as a drive4way or ...
Situation in which a person guilty of breaking a contract is required by the judge to fulfill his duties. Specific performance is required only if the item or subject of the contract is ...
The geographic moving of an individual from one region to another usually because of a change in employment. Relocation normally involves the complete moving of the individual's ...
Accelerated method in which a fixed percentage factor of two times the straight-line rate is multiplied each year by the declining balance of the fixed assets book value. ...
Possession and use of a property estate by virtue of a lease. There are four types of leasehold estates: estate for years, periodic tenancy, tenancy at will, and tenant at sufferance. ...

Have a question or comment?
We're here to help.