Legal Definitions - per tout et non per my

The legal phrase per tout et non per my is Law French for "by the whole and not by the half." This term describes a specific type of property ownership where each owner is considered to possess the entire property, rather than holding a divisible share or a distinct portion. Historically, this concept was particularly significant in common law for married couples owning property together, where both spouses were understood to be "seised" (legally possessed) of the entire estate as a single, indivisible unit.

• Example 1: Marital Home Protection from Individual Debt

  Maria and Roberto, a married couple, own their family home in a state that recognizes "tenancy by the entirety," which is a modern form of ownership embodying the "per tout et non per my" principle. If Roberto incurs significant personal debt from a failed business venture, a creditor with a judgment against him generally cannot place a lien on his "half" of the house or force its sale to satisfy the debt. This is because, under the principle of "per tout et non per my," Roberto does not own a distinct "half"; he and Maria together own the entire property as an indivisible unit.

  This example illustrates "per tout et non per my" because it shows that neither spouse possesses a separate, divisible share that can be individually encumbered or seized by a creditor for a debt owed by only one of them. They both own the whole property, making it immune to claims against just one spouse.

• Example 2: Unilateral Transfer Restrictions

  Sarah and David are married and own a vacation cabin under a deed that specifies "tenancy by the entirety." One day, David decides he wants to sell his "share" of the cabin to his brother without Sarah's consent. Because their ownership is "per tout et non per my," David cannot legally sell or transfer any individual portion of the cabin on his own. Both Sarah and David must agree to any sale or transfer of the property, as each is considered to own the entire cabin, not just a half that can be independently alienated.

  This scenario demonstrates the principle by showing that neither owner can unilaterally dispose of a portion of the property. The property must be dealt with as a single, indivisible whole, requiring the consent of both parties who each possess the entirety.

• Example 3: Automatic Survivorship

  Mark and Lisa own a piece of commercial land as tenants by the entirety. Tragically, Mark passes away. Under the "per tout et non per my" principle, Lisa automatically becomes the sole owner of the entire property, without the need for probate regarding Mark's interest. She doesn't inherit Mark's "half"; rather, her existing ownership of the whole simply continues, and Mark's ownership of the whole ceases.

  This example highlights "per tout et non per my" because it illustrates the right of survivorship inherent in this form of ownership. Upon one owner's death, the other doesn't receive a new share but continues to possess the *entire* property, reinforcing that they always owned the whole, not just a portion that could be passed on through a will or inheritance laws.