MBE Rules · Real Property
Tenancy by the entirety
The rule
Held by spouses only (in jurisdictions recognizing it). Includes four unities + unity of marriage + right of survivorship. Neither spouse may unilaterally convey or encumber the property. Severed only by divorce, death, mutual agreement, or execution by joint creditor.
In plain English
Tenancy by the entirety is a special type of joint property ownership for married couples where both own the whole property together, and neither can sell or mortgage it without the other's consent.
Worked example
If a married couple owns a house as tenants by the entirety, one spouse cannot sell their interest in the house to a third party without the other's agreement. If they divorce, the tenancy by the entirety is automatically ended.
Memory hook
Together Forever: Spouses Share All. Tenancy by entirety requires marriage, four unities, and survivorship. No solo decisions!
The trap
Students think: One spouse can sell their share. Wrong, because neither can act alone. The actual test is joint action or severance by divorce, death, or mutual agreement.
How examiners test it
The MBE loves: one spouse tries to mortgage property secretly. Trap: students assume it's valid. Remember: unilateral actions don't sever tenancy by the entirety.
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