| DATE: |
08/07/00 |
|||
|---|---|---|---|---|
| SUBJECT/TOPIC: |
TENANCY BY THE ENTIRETIES | |||
| Q: | A deed describes the grantees, who are married,
with this language: "John Smith and Jane Smith,
J.T.W.R.O.S." That's it. No definition for that
acronym. Apparently common in some states but
not here. Do I need to obtain a deed of
correction? |
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| A: | Thanks for your question. A deed to husband and
wife automatically creates a tenancy by the
entireties unless another intent is expressed on the
face of the deed. Thus, I think you have a
survivorship estate no matter what: either a tenancy by the entireties or a joint tenancy with right of survivorship. If joint tenancy with right of survivorship is not an acceptable alternative to tenancy by the entireties, then I think you've got to amend. I think you probably have a tenancy by the entireties because, as you say, the acronym "J.T.W.R.O.S." is not a phrase that is commonly used here. There is some chance, however, that a court would say that a joint tenancy was created. |
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