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Definition Chancery Court - a court of equity, as opposed to a court of law.

Application in Divorce The terms equity and chancery refer to a system of justice inherited from England. It is justice administered according to fairness, "as contrasted with the strictly formulated rules of common law." Equity denotes "the spirit and habit of fairness, justice, and right," so, as one lawyer wrote, "...bad works never prosper."

Also called courts of equity, chancery courts have been abolished in all states that have adopted rules of civil procedure.

Courts of law now hear equity actions in must jurisdictions.

See Equity.

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Equitable Versus Equal
A common misunderstanding by those divorcing is believing that "equitable" is defined as equal. Equitable is what is fair, so dividing property in an equitable fashion does not necessarily mean equal (50-50). An equitable property distribution may be 60-40.

Contributed on 6/20/2007 by: DivorceDex.com Staff
Category: Property Division (Applicable in All States)

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