| DATE: |
11/08/05 |
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|---|---|---|---|---|
| SUBJECT/TOPIC: |
HUSBAND AND WIFE |
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| Q: | In 1986 a corporation transferred real estate in Tennessee by warranty deed to husband and wife as follows: convey unto "X" / or "Y" the grantees "X" has since died. There is no reference in the deed to the marital status of the grantees as husband and wife or the ownership interest intended to be created in the grantees. Did the conveyance create an ownership interest as tenants by the entirety or tenants in common? |
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| A: | Thanks for the question. A deed to husband and wife is presumed to create a tenancy by the entireties. I don't think the deed has to designate the grantees as such. See Covington v. Russell , 22 TAM 25-18, 14 TRELL 11 (Tenn. App., May 14, 1997).
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