TBE

(redirected from tenancy by the entirety)
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Related to tenancy by the entirety: Joint tenancy, tenancy in common

TBE

(physics)
References in periodicals archive ?
If the statute says that a husband and wife can have tenancy by the entirety protection through a land trust where they don't own legal title but only a beneficial interest, the same thing can happen through an inter vivos trust.
The doctrine of tenancy by the entirety, though, demands that all real estate, not only homesteads, may become exempt without any restrictions on the size of the property Therefore, the tenancy by the entirety doctrine provides a way for all real property, including homesteads, to become exempt without size restrictions.
In attempting to solve the problems previously mentioned, courts have created vast amounts of differing opinions on several tenancy by the entirety issues.
The most appropriate place to make this amendment would be to [sections] 522(b)(2)(B), which recognizes the tenancy by the entirety exemption if available under state law.
Furthermore, debtors could not, theoretically, protect all types of personal property by holding it as a tenancy by the entirety.
the doctrine of tenancy by the entirety is hereby abolished and all property held as such shall now be considered to be held as a tenancy in common.
The second sentence abolishes the tenancy by the entirety doctrine and provides that the property should be treated as a tenancy in common, but only for the purposes of a bankruptcy proceeding.
Section 522(b)(2)(B) simply acknowledges the doctrine of tenancy by the entirety if state law recognizes it.
This precludes a probate judge from using the new statute to deny a tenancy by the entirety argument.
Also, although the 11th Circuit could clear up some of the confusion regarding tenancy by the entirety law, it has remained silent as to this issue.
This commentator believes that the best approach is to destroy the tenancy by the entirety exemption as it applies to bankruptcy situations.