REAL PROPERTY-TENANCY BY ENTIRETIES-CREATION BY DEED FROM HUSBAND TO HUSBAND AND WIFE

Authors

Richard P. Matsch S. Ed., University of Michigan Law SchoolFollow

Abstract

H owned real estate in fee simple. His wife, W, joined with him in a warranty deed conveying the land to themselves with the expressed intention of creating a tenancy by entireties. H died and his heirs challenged W's right to take the fee by survivorship. The trial court held that a tenancy by entireties had been created and the wife properly took the fee. On appeal, held, affirmed, one judge dissenting. An Arkansas statute providing that a married man may convey "the interest specified in the deed" directly to his wife permits a husband, already owner of the land, to create a tenancy by entireties by a conveyance to himself and his wife. Ebrite v. Brookhyser, (Ark. 1951) 244 S.W. (2d) 625.

Recommended Citation

Richard P. Matsch S. Ed., REAL PROPERTY-TENANCY BY ENTIRETIES-CREATION BY DEED FROM HUSBAND TO HUSBAND AND WIFE, 51 Mich. L. Rev. 121 (1952).
Available at: https://repository.law.umich.edu/mlr/vol51/iss1/17