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Simple English definitions for legal terms

estate by entirety

Read a random definition: Cooperative State Research, Education, and Extension Service

A quick definition of estate by entirety:

An estate by entirety is a type of property ownership that only applies to married couples. When a married couple buys property together, they both own an equal share of it. If one spouse dies, the other automatically gets their share without having to go through a legal process. This type of ownership also protects the property from creditors if only one spouse owes money. However, both spouses have to agree if they want to sell or transfer the property. If the couple gets divorced or both agree, the estate by entirety can be dissolved and the property ownership changes to tenants in common.

A more thorough explanation:

An estate by entirety, also known as tenancy by the entirety, is a type of property ownership that is only available to married couples. When a married couple purchases property together, they each have an equal and undivided interest in the joint property. This means that if one spouse dies, the surviving spouse automatically absorbs their interest without the need for a probate process. Additionally, creditors cannot attach liens on jointly owned property if the debt belongs to only one spouse.

For example, if John and Jane are married and purchase a house together as an estate by entirety, they each own 50% of the property. If John were to pass away, Jane would automatically become the sole owner of the property without having to go through probate.

However, there are some restrictions to estates by entirety. Even if one spouse contributes more money towards the property's purchase, they still own the property equally and undivided. This means that one spouse cannot grant their share in the property to an heir in a will, as the surviving spouse would automatically gain total ownership of the property. Additionally, one spouse cannot transfer their interest in the property without the approval of the other.

While estates by entirety share many features of a joint tenancy, they are dissolved more easily. They can be terminated by one spouse's death, divorce, or by the agreement of both spouses. At this point, the owners become tenants in common.

estate | estate planning

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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