Susan and her husband Paul own their Franklin, Tennessee home as tenants by the entirety. Paul takes out a personal loan in his name only and later defaults. The lender obtains a judgment solely against Paul. Which of the following statements best reflects the lender's ability to satisfy the judgment from the Franklin home?
Correct Answer
C) The lender generally cannot force the sale of the home because property held in tenancy by the entirety is protected from individual judgments against one spouse
Under Tennessee law, property held in tenancy by the entirety is generally protected from the individual debts and judgments of only one spouse. Because the married couple holds the property as a single legal unit, a judgment creditor of Paul alone cannot force the sale of the home. Both spouses would need to be liable for the debt before the creditor could reach the tenancy by the entirety property. This creditor protection is one of the most significant practical advantages of this ownership form.
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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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