Rachel and Sam are married and own their home in Cambridge, Massachusetts. Rachel wants to deed the property to her sister without Sam's knowledge. Under Massachusetts law, what is the legal consequence if Rachel executes and records a deed conveying the property to her sister, signing only in her own name?
Correct Answer
C) The deed is void and conveys no interest because Sam's signature is required to convey property held as tenants by the entirety
Property held as tenants by the entirety in Massachusetts is owned by the marital unit as a whole, not by either spouse individually. Neither spouse can unilaterally convey, encumber, or otherwise transfer the property without the other spouse's joinder (signature). A deed executed by only one spouse purporting to convey entirety property is void — it transfers no interest whatsoever. Sam's signature is required for any valid conveyance of the Cambridge home.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
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.
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