Elena and Frank are married and own their primary residence in Newton, Massachusetts as tenants by the entirety. Frank's business fails and a creditor obtains a court judgment solely against Frank for $85,000. Can the creditor force a sale of the Newton home to satisfy the judgment?
Correct Answer
C) No, because tenancy by the entirety protects the property from the individual debts of either spouse
Under Massachusetts law, property held as tenants by the entirety is treated as owned by the marital unit as a whole, not by either spouse individually. A judgment creditor of only one spouse cannot attach, levy, or force a sale of property held in tenancy by the entirety to satisfy that spouse's individual debt. Both spouses must be judgment debtors for the creditor to reach entirety property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
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