context: P 12. Our past decisions do not distinguish voluntary conveyances of tenancy by entirety property from involuntary attachments.
citation_a.signal: see
citation_a.identifier: 135 A. 10, 11
citation_a.parenthetical: holding that marital property "was not attachable for the [sole] debts of the husband" because it was held in tenancy by entirety
citation_a.sentence: See, e.g., Corey v. McLean, 100 Vt. 90, 91, 135 A. 10, 11 (1926) (holding that marital property “was not attachable for the [sole] debts of the husband” because it was held in tenancy by entirety). Furthermore, despite RBS’s contention that numerous decisions from other jurisdictions support its proposition that tenancy by entirety property may be attached, most jurisdictions recognizing the estate do not allow a creditor of a single debtor to attach property held jointly by the debtor and the nondebtor in a tenancy by entirety. See Brown, supra, § 6:84 (“Most jurisdictions that recognize tenancies by the entirety hold that a creditor of one spouse cannot reach the debtor spouse’s share in the property.”); see also Steigler v. Ins. Co. of N. Am., 384 A.2d 398, 400 (Del. 1978) (“[H]usband and wife are seized, not merely of equal interests, but of the whole estate during their lives and the interest of neither of them can be sold, attached or liened except by the joint act of both husband and wife.”) (quotation omitted); Beal Bank, SSB v. Almand & Assocs., 780 So. 2d 45, 53 (Fla. 2001) (explaining elements of tenancy by entirety); Keen v. Keen, 60 A.2d 200, 204 (Md. 1948) (noting property held as tenancy by entirety could not be “levied upon or attached for the debts of either the husband or the wife.”).
citation_b.signal: see also
citation_b.identifier: 60 A.2d 200, 204
citation_b.parenthetical: noting property held as tenancy by entirety could not be "levied upon or attached for the debts of either the husband or the wife."
citation_b.sentence: See, e.g., Corey v. McLean, 100 Vt. 90, 91, 135 A. 10, 11 (1926) (holding that marital property “was not attachable for the [sole] debts of the husband” because it was held in tenancy by entirety). Furthermore, despite RBS’s contention that numerous decisions from other jurisdictions support its proposition that tenancy by entirety property may be attached, most jurisdictions recognizing the estate do not allow a creditor of a single debtor to attach property held jointly by the debtor and the nondebtor in a tenancy by entirety. See Brown, supra, § 6:84 (“Most jurisdictions that recognize tenancies by the entirety hold that a creditor of one spouse cannot reach the debtor spouse’s share in the property.”); see also Steigler v. Ins. Co. of N. Am., 384 A.2d 398, 400 (Del. 1978) (“[H]usband and wife are seized, not merely of equal interests, but of the whole estate during their lives and the interest of neither of them can be sold, attached or liened except by the joint act of both husband and wife.”) (quotation omitted); Beal Bank, SSB v. Almand & Assocs., 780 So. 2d 45, 53 (Fla. 2001) (explaining elements of tenancy by entirety); Keen v. Keen, 60 A.2d 200, 204 (Md. 1948) (noting property held as tenancy by entirety could not be “levied upon or attached for the debts of either the husband or the wife.”).