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  Home > Law > Law glossary > Law glossary

Tenancy by entirities

Last modified: Thu Feb 23 16:37:38 2006

An obsolete form of CoOwnershipOfLand, that was assumed whenever property was jointly conveyed to a married couple. In most respects a tenancy by entirities was similar to a JointTenancy. However, unlike a modern joint tenancy, there was no procedure for severance. As a result, the husband and wife could never deal with their shares of the property independently. If one partner died, the RightOfSurvivorship ensured that the other automatically became the full owner; nothing could be left by will by the deceased.

Tenancy by entirities was abolished in England and Wales in 1926, and has been abolished by most other states where it was formerly recognized. Its entire rationale was the a married couple formed an indivisible unit `until death do us part', a concept that now seems vaguely disturbing to most people.

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