“Marriage is a matter of more worth / Than to be dealt in by attorneyship.” William Shakespeare, Henry VI, Part I act 5, sc. 5, l. 55–56.
A failed tenancy by the entirety occurs when a conveyance is made to an unmarried pair either as [1] tenants by the entirety or [2] as spouses; because such pairs lack the requisite unity of marriage, a tenancy by the entirety cannot be created. In most states in both instances, the unmarried pair will instead merely hold the property as tenants in common, where there is no right of survivorship. This Note takes the position that this is inequitable and instead advocates for a framework where states treat unwed grantees the same as their married counterparts as relating to the creation of the right of survivorship, thus furthering equality between married and unmarried pairs.
This Note includes a survey of states that maintain tenancy by the entirety, analyzing what the current outcome of failed tenancies by the entirety is, and what the outcome would be under this proposal.
To read this Note, please click here: A Matter of More Worth: An Intent-Based Approach to Failed Tenancies by the Entirety