David and Ellen are a married couple in Indiana who own their home as tenants by the entirety. David, without Ellen's knowledge, executes a deed transferring his interest in the property to his brother Frank. Ellen later discovers the transfer and seeks to void it. Under Indiana law, what is the most likely outcome?
Correct Answer
A) The deed is void because neither spouse can unilaterally convey any interest in entireties property without the other spouse's joinder
Under Indiana law, tenancy by the entirety is characterized by the unity of the marital entity — neither spouse holds a separate, individually transferable interest. Any conveyance of entireties property requires the joinder (signature and consent) of both spouses. A deed executed by only one spouse attempting to convey their 'interest' in entireties property is void — not merely voidable — because there is no separate interest for one spouse to convey. Ellen can have the deed set aside as void, and Frank acquires no valid interest.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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.
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