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Answered 2008-03-21 03:15:24

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Can someones debt be placed as a lien on your property?

Not unless they also have an interest in the property other than a tenancy by the entirety.


Property held as a tenancy by the entirety requires what?

A tenancy by the entirety requires that the owners be legally married.


Can a co owner sell his share with the consent of other?

Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.


Is Idaho Tenancy by the Entirety state?

No it is community property


What does TE mean in real estate?

There are four forms of co-ownership for property. If you are planning on purchasing a home or inherited property with another, the property is owned as a tenancy in common, a joint tenancy, through community property or tenancy by the entirety. Tenancy by entirety is specific to married couples.


What is the difference between joint tenancy and tenants by the entirety?

Tenancy by the entirety is reserved for married people and is recognized in most states. When one tenant dies the other owns the property automatically with no need for probate. The survivorship rights (the tenancy) of one cannot be severed by the other party or by creditors of either party. The property cannot be partitioned by any court. In most states one tenant by the entirety cannot convey their interest in the property. In certain states (Massachusetts and New York are two examples) there is no law against one tenant by the entirety conveying their interest. However, their deed cannot defeat the survivorship interest of the other tenant by the entirety and a peculiar situation is created. Suppose a husband conveyed his interest to his brother. The husband no longer owns the property. The brother is now taking the husband's place in the unseverable survivorship tenancy. If the husband dies, the brother is out of luck and the brother loses his interest in the property. The wife gets it all. If the wife dies the brother gets it all. In a joint tenancy, if one dies the other owns the property automatically with no need for probate. The tenants don't need to be married. Unlike a tenancy by the entirety, one can sell their interest at any time and break the tenancy. One can force the sale of the property by a partition.


Can you sell your half interest in a property owned jointly with the right of survivorship?

Yes. Your grantee would own a half interest in the property and the tenancy would devolve to a tenancy in common.Yes. Your grantee would own a half interest in the property and the tenancy would devolve to a tenancy in common.Yes. Your grantee would own a half interest in the property and the tenancy would devolve to a tenancy in common.Yes. Your grantee would own a half interest in the property and the tenancy would devolve to a tenancy in common.


Can a lien be placed against a property which is in tenancy of the entirety but the judgment is against the husband only?

No. In most states that allow property ownership as "tenants in their entirety", a lien can only be placed against a property if all owners of record are included in the judgment. However, laws vary and most creditors will record the lien "just in case" the tenancy changes. The tenancy by the entirety could be broken by a death or divorce or if one partner conveys their interest to the other.


What does tenancy by the entirety mean in Florida?

Generally, and in Florida, a tenancy by the entirety is a special joint tenancy reserved for legally married people. They own the property with the unseverable common law right of survivorship. If one dies, the other automatically owns the property. With a general joint tenancy with the right of survivorship the tenancy can be broken by one of the parties and it will transform into a tenancy in common. The right of survivorship within a tenancy by the entirety cannot be severed by one of the parties. One may not sue the other to Partition the property. A creditor of one may not claim the property or the proceeds of sale. In Florida, the signature of both spouses is needed to sell the property and one cannot sell their interest alone. Both are required to sign a mortgage or any other type of contract.


Are all property deeds in the state of Indiana tenancy by the entirety?

No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.


Does Montana recognize tenancy by entirety?

Montana does not recognize tenancy by the entirety.


Why would you create a tenancy by the entirety?

A tenancy by the entirety provides the maximum protectionthat can be acquired by deed. A tenancy by the entirety is a joint tenancy reserved for legally married couples that protects the property from being seized and sold by a creditor of one of the parties. The survivorship rights of either party cannot be severed.In most jurisdictions one party cannot sell or mortgage their interest without the consent of the other party. In certain states (Massachusetts and New York are two examples) there is no law against one tenant by the entirety conveying their interest. However, their deed cannot defeat the survivorship interest of the other tenant by the entirety and a peculiar situation is created.Suppose a husband conveyed his interest to his brother. The husband no longer owns the property. The brother is now taking the husband's place in the unseverable survivorship tenancy. If the husband dies, the brother is out of luck and the brother loses his interest in the property. The wife gets it all. If the wife dies the brother gets it all.


What property is considered TBE property in Pennsylvania?

Tenancy by the entirety is presumed in Pennsylvania when real property is conveyed to a legally married couple. That tenancy shields property from execution on the debts of one spouse. The proceeds from a sale of TBE property are also shielded even after deposited in the bank. Neither tenant can force the sale of TBE property nor can one sell their interest so as to defeat the survivorship rights of the other.Tenancy by the entirety is presumed in Pennsylvania when real property is conveyed to a legally married couple. That tenancy shields property from execution on the debts of one spouse. The proceeds from a sale of TBE property are also shielded even after deposited in the bank. Neither tenant can force the sale of TBE property nor can one sell their interest so as to defeat the survivorship rights of the other.Tenancy by the entirety is presumed in Pennsylvania when real property is conveyed to a legally married couple. That tenancy shields property from execution on the debts of one spouse. The proceeds from a sale of TBE property are also shielded even after deposited in the bank. Neither tenant can force the sale of TBE property nor can one sell their interest so as to defeat the survivorship rights of the other.Tenancy by the entirety is presumed in Pennsylvania when real property is conveyed to a legally married couple. That tenancy shields property from execution on the debts of one spouse. The proceeds from a sale of TBE property are also shielded even after deposited in the bank. Neither tenant can force the sale of TBE property nor can one sell their interest so as to defeat the survivorship rights of the other.


Does Michigan recognize Tenants by the Entirety?

Yes. Michigan recognizes tenancy by the entirety ownership of real property by people who are married.


Can a party to a right of a survivorship deed give their part to someone not on the deed?

An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.


What do you need to know about selling tenancy by entirety property?

In most states that allow ownership by married couples an tenants by the entirety both parties must sign in order to sell or mortgage the property. However, in certain states a deed from one tenant by the entirety can create a complicated legal arrangement between the grantee and the other tenant by the entirety whose rights in the tenancy cannot be severed. There is nothing in the laws of Massachusetts or New York to prevent one tenant by the entirety from conveying her own or his own interest in the property, subject to the continuing rights of the other. While it is generally believed that one tenant by the entirety cannot convey their interest because the tenancy cannot be severed, rather it is the survivorship rights of the other that cannot be severed. Thus, if a husband conveyed his interest in the property held as tenants by the entirety to his brother, the husband no longer owns an interest in the property. The brother takes his (the husband's) place within the tenancy. Here is the tricky part: if the wife dies then the husband's brother acquires all interest in the real estate. If the husband dies before the wife then it all goes to her free and clear and the husband's brother has nothing. Some conveyancers have treated deeds by one tenant by the entirety as null. However, such a deed conveys the interest of the grantor in the property subject to the survivorship rights of the other co-tenant. If you are selling property owned by tenants by the entirety, both parties must sign the deed.


What is a tbyE trust?

Tenancy by the entirety is a form of co-ownership of real property that is reserved for legally married people. In a T by E, when one owner dies the other automatically owns the property and there is no need for probate. A tenancy by the entirety is not a trust.


In Georgia is tenancy by the entirety a valid method of holding property?

No. Community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington State, Wisconsin. Wisconsin is not considered a "true" CP state as it defines marital debts differently than do the other eight CP states.


Is Missouri a Tenancy By The Entirety state?

Yes. Tenancy by the entirety is available for married people in Missouri.


How does divorce affect property interest formerly held as tenants by the entirety and what happens when one dies?

A divorce decree generally breaks a tenancy by the entirety and creates a tenancy in common between the parties. In that case when one dies their half interest in the property passes under their will or to their heirs at law under the state laws of intestacy if they had no will. You can check the laws of your state at the related question link provided below. In your case the interest would pass to the spouse of the decedent or the decedent's children.


Can tenancy by the entirety be left to heirs?

No. If one TBE dies their interest automatically passes to the surviving TBE. The survivor becomes the sole owner and that survivor can leave the property to someone by their Will.


Is the state of Georgia a state that is a Tenancy by the entirety?

That is but one of the legal methods by which property may be owned.


Does Minnesota allow Tenancy by the Entirety?

Minnesota does not recognize tenancy by the entirety. It does recognize joint tenancy with the right of survivorship but it must be recited in the deed.


What are assets in probate?

Probate assets are all the property a person owns at death in their own name. That would exclude any property owned with another in a joint tenancy or tenancy by the entirety.


What is property owned as tenants-by-the-entirety?

Tenancy by the entirety is a special joint tenancy reserved for legally married couples. It provides special protection from creditors and upon the death of one tenant full ownership passes to the survivor automatically with no need for probate.