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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.

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