Difference between revisions of "Tenancies in Pennsylvania"
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===Creation Language=== | ===Creation Language=== | ||
| + | Tenancy by the Entirety is presumed in a deed to a husband and wife. The deed does not have to recite the tenancy, nor must it state that they are married. The law presumes TbE unless the deed states differently. | ||
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| + | If the deed states TbE but the parties are not married, case law finds that the intent to create a survivorship exists (394 Pa. 627, | ||
| + | Supreme Court of Pennsylvania. John Michael BOVE, Executor of the Last Will and Testament of Michael Bove, Deceased, Appellant, v. | ||
| + | Mabel Blanche BOVE. March 16, 1959.) But caution should prevail--if the circumstances demonstrate someone that may contest, be wary. | ||
==Joint Tenancy with Right of Survivorship== | ==Joint Tenancy with Right of Survivorship== | ||
Revision as of 10:38, 8 January 2020
Contents
Overview
Tenancy by the Entirety
Creation Language
Tenancy by the Entirety is presumed in a deed to a husband and wife. The deed does not have to recite the tenancy, nor must it state that they are married. The law presumes TbE unless the deed states differently.
If the deed states TbE but the parties are not married, case law finds that the intent to create a survivorship exists (394 Pa. 627, Supreme Court of Pennsylvania. John Michael BOVE, Executor of the Last Will and Testament of Michael Bove, Deceased, Appellant, v. Mabel Blanche BOVE. March 16, 1959.) But caution should prevail--if the circumstances demonstrate someone that may contest, be wary.
