Also known as: assign or alienate · assigned and alienated · transfer · convey
Written by attorneys · grounded in primary & secondary sources — see below
An act by which a party conveys or transfers a legal interest or right to another party. The transfer may be voluntary or involuntary and is often subject to statutory or contractual restraints that limit its effectiveness.
Select any source to read its text and confirm it supports the definition.
Austin Abbott contracted to sell land to Alice Atkins. After discovering an unreleased lien, Alice refused to close because the title could not be conveyed free of reasonable doubt. Austin attempted to assign the contract rights to a third party, but the buyer rejected the assignment as creating further doubt on marketability.
Alfred Ashford planned a theft but later abandoned the effort by returning the tools and notifying authorities before any act occurred. The voluntary renunciation prevented completion of the crime and supplied an affirmative defense to the attempt charge.
Judge Alexis Archer received a letter from a local political organization urging a particular ruling. The judge declined to read the letter and placed it in the public file to avoid any appearance that the organization could influence the outcome.
Abigail Alvarez orally promised to buy a parcel from Angela Acosta. When Abigail later refused to proceed, Acosta sued for specific performance. The court held the promise unenforceable because it concerned an interest in land and lacked a signed writing.
Argonaut Shipping assigned its leasehold interest to Avalon Pharmaceuticals. The original lease contained a repair covenant that touched and concerned the property. Argonaut remained liable for the repairs because the obligation rested on privity of contract that the landlord had not released.
Azure Solutions created a trust for Apex Dynamics employees that included a spendthrift clause. The clause prevented any beneficiary from assigning future distributions to creditors, so a judgment creditor could not reach the beneficiary's interest.
Assignment or alienation occurs when a party transfers a legal interest or right to another. The transfer may be voluntary through contract or involuntary through operation of law such as a creditor levy.
A spendthrift provision restrains both voluntary assignment by the beneficiary and involuntary transfer by creditors or other legal process.
Yes. A spendthrift provision restrains both voluntary assignment by the beneficiary and involuntary transfer by creditors or other legal process.
…who founded this Nation knew too well that only a stagnant society remains unchanged." National Mutual Ins. Co. v. Tidewater Transfer Co. , 337 U. S. 582, 646 (dissenting opinion). Several decisions of this Court make clear that freedom of personal choice in matters of marriage and family life is one of the liberties…