David and Susan are married and own their primary residence in Connecticut as tenants by the entirety. They later divorce. Which of the following best describes the effect of the divorce on their ownership?
Correct Answer
B) The tenancy by the entirety automatically converts to a tenancy in common upon divorce
Under Connecticut law, tenancy by the entirety requires the parties to be legally married. When a couple divorces, the marital unity that supports the tenancy by the entirety is destroyed. As a result, the ownership automatically converts to a tenancy in common, giving each former spouse an undivided half interest that they can independently sell, mortgage, or devise. The divorce decree may further address how the property is divided.
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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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