Patricia and her husband Robert own their home in Virginia as tenants by the entirety. Robert accumulates significant personal credit card debt and the creditor obtains a judgment against Robert alone. Which statement BEST describes the creditor's ability to collect against the home?
Correct Answer
C) The creditor cannot force a sale or attach a lien against the home because tenancy by the entirety protects against individual creditors of one spouse.
Tenancy by the entirety in Virginia provides a critical protection: a creditor of only one spouse cannot attach a lien to, or force a sale of, property held as tenants by the entirety. Because the debt belongs to Robert alone and Patricia is not liable, the marital home is shielded from Robert's individual creditors. Both spouses must be obligated on the debt for a creditor to reach entirety property.
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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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