Yolanda and Zachary own a Brentwood home as tenants by the entirety. Yolanda has a judgment entered against her for a personal injury lawsuit. The judgment creditor attempts to place a lien on the Brentwood property. Simultaneously, Yolanda tries to deed her half of the property to her brother without Zachary's consent. Which statement correctly describes the legal outcome of BOTH actions under Tennessee law?
Correct Answer
D) The lien cannot attach to entirety property for one spouse's individual debt, and Yolanda cannot unilaterally convey any interest in entirety property
Tenancy by the entirety in Tennessee has two critical protective features that apply here. First, the property is immune from liens arising from the individual debts of either spouse — Yolanda's personal injury judgment cannot attach to entirety property because neither spouse holds a severable individual interest. Second, neither spouse can unilaterally convey any interest in entirety property without the other spouse's joinder. Yolanda's attempted deed to her brother is legally void without Zachary's consent and signature. Both the creditor's lien attempt and Yolanda's unilateral deed fail.
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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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