A Connecticut married couple, Ray and Donna, own their home as tenants by the entirety. Ray secretly mortgages his interest in the property to a private lender without Donna's knowledge or consent. Ray later dies. The lender attempts to enforce the mortgage against the property. Which of the following best describes the legal outcome under Connecticut law?
Correct Answer
B) The mortgage is void and unenforceable against the property because Ray could not unilaterally encumber property held in tenancy by the entirety
Under Connecticut law, property held in tenancy by the entirety is owned by the marital unit as a single legal entity. Neither spouse can unilaterally encumber, mortgage, or otherwise alienate the property without the other spouse's consent. Ray's attempt to mortgage his 'interest' is legally ineffective because he holds no separate, divisible interest that can be individually encumbered. Upon Ray's death, Donna acquires the entire property by survivorship, free and clear of the unauthorized mortgage. The lender's claim fails.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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