Real Property - Tenancy by the Entireties - Alienabilry of Right of Survivorship

Authors

Robert Brooks, University of Michigan Law School

Abstract

At an execution sale to satisfy a judgment against her, plaintiff's interest in certain lots which she and her husband held as tenants by the entireties was conveyed to A by sheriff's deed. Subsequently, plaintiff's husband joined A and his wife in a deed of their interest to B, who later conveyed to defendants. After the death of her husband, plaintiff instituted an action as surviving spouse for possession of these lots. The trial court entered a summary judgment for plaintiff, holding that the sheriff's deed conveyed only a severable one-half interest in use and profits of the land during the joint lives of the spouses, and not plaintiff's right of survivorship. On appeal, held, reversed. The purchaser from a tenant by the entireties acquires that tenant's right of survivorship. King v. Greene, 30 N.J. 395, 153 A. (2d) 49 (1959).

Recommended Citation

Robert Brooks, Real Property - Tenancy by the Entireties - Alienabilry of Right of Survivorship, 58 Mich. L. Rev. 601 (1960).
Available at: https://repository.law.umich.edu/mlr/vol58/iss4/12