Maxim 8.6.23
Alienation pending a suit is void.
Source: Branch, Max. 117; Weisman, 99ee
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A transfer of property made while a lawsuit concerning that property is pending is void — the law prevents parties from defeating the court's jurisdiction by disposing of the subject matter during litigation.
Where this applies
- A homeowner who sells his house to a friend while a lawsuit over that house is pending finds the sale voided by the court.
- A company transfers a disputed patent to a subsidiary during litigation, and the court declares the transfer void because alienation during a pending suit is prohibited.
- A debtor who signs over his car title to a relative while being sued for a debt finds that the transfer is legally meaningless because property cannot be moved during active litigation.
Legal domains
Cite this maxim
NeCede Max. 8.6.23 — Alienation pending a suit is void. — Branch, Max. 117; Weisman, 99ee
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