Tenancies in Pennsylvania

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Revision as of 09:38, 8 January 2020 by Bartbodkin (talk | contribs) (Tenancy by the Entirety)

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.

Joint Tenancy with Right of Survivorship

Creation Language

Tenancy in Common

Cross-References