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?
  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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