Marcus and Diana are married and purchase a home in Connecticut, taking title as tenants by the entirety. Marcus later incurs significant personal debt and his creditor attempts to place a lien on the property. Which of the following best describes the creditor's ability to attach the property?
Correct Answer
C) The creditor cannot attach the property because tenancy by the entirety protects it from the individual debts of either spouse alone
Under Connecticut law, tenancy by the entirety is available exclusively to married couples and treats the couple as a single legal unit. Because neither spouse holds a separate, divisible interest, a creditor of only one spouse cannot attach or force the sale of the property. Both spouses must be jointly liable for the debt before the property can be reached.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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