Robert and Sandra are legally married and purchase a home in Nashville, Tennessee, taking title as tenants by the entirety. Robert later attempts to sell his half-interest in the property to his business partner without Sandra's knowledge or consent. Which of the following statements is correct under Tennessee law?
Correct Answer
C) Robert cannot sell his interest without Sandra's consent, because neither spouse can unilaterally convey their interest in a tenancy by the entirety
Under Tennessee law, tenancy by the entirety treats the married couple as a single legal unit. Neither spouse can unilaterally convey, sell, or encumber their interest in the property without the other spouse's consent. Robert's attempted sale to his business partner without Sandra's consent would be legally ineffective. This is a fundamental protection of the tenancy by the entirety form of ownership.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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