Concurrent Estates: Tenancy by the Entirety

Question 1

What is “Tenancy by the Entirety”?

How is it created?

Answer 1

Marital interest btwn married partners w/ right of survivorship

Creation –>
In some states –> arises presumptively in any conveyance to both spouses, unless it says otherwise

Question 2

What are the special rules re: individual’s spouse ability to encumber or convey their interest in a “tenancy by the entirely”?

What is the special rule re: creditors?

Answer 2

• individual spouse CANNOT encumber
• individual spouse CANNOT convey
  EFFECT –> a deed or mortgage executed only by one spouse is INEFFECTIVE

Only a creditor of BOTH spouses can sever.

Question 3

How can Tenancy by the Entirety be severed? (4)

Answer 3

Only by:

death
divorce
mutual agreement
execution by joint creditor of both spouses

Question 4

May Tenancy By the Entirety be severed by involuntary partition?

Answer 4

No