Jennifer and Mark are married and own their Chattanooga home as tenants by the entirety. They later divorce. Which of the following best describes what happens to the tenancy by the entirety upon their divorce in Tennessee?
Correct Answer
B) The tenancy by the entirety is automatically converted to a tenancy in common upon the legal dissolution of the marriage
Under Tennessee law, tenancy by the entirety requires the parties to be legally married. When a marriage is legally dissolved through divorce, the parties are no longer spouses, and the tenancy by the entirety is automatically converted to a tenancy in common. As tenants in common, each former spouse holds an equal undivided interest that can be separately conveyed or inherited, without a right of survivorship.
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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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