I need to know if this is legal. I went into buy a new car on Saturday 05/19/2012. They did not have the car I....
The first thought that comes to mind is the statute of frauds. U....
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5/23/2012 21:59
by stlmunns |
Notification given by me, with a disinterested witness, that tenant has to return property on or before a spec....
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5/23/2012 19:45
by anothermalandlord |
I work for a nonprofit. They have just announced that each of us must now 'volunteer' at one of our programs o....
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5/23/2012 12:26
by MassWorker |
Hello. My brother was injured in a fall at a store in Massachusetts and the thing ended up in a local small n....
The issue is controlled,or is supposed to be controlled, by the Massac....
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5/22/2012 07:24
by JeromeW |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48
by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20
by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26
by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42
by The Editor |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51
by AABates |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18
by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37
by Anonymous |
Editor's Response
In Massachusetts, a tenancy by the entirety is a joint tenancy (or ownership) that arises between a husband and wife when a single instrument (a) conveys property to both of them and (b) states that they take the property as "husband and wife, tenants by the entirety."
Some characteristics of the tenancy by the entirety under Massachusetts law: (1) This form of ownership can only arise between husband and wife. (Given that Massachusetts recognizes same sex marriage, perhaps I should say between married couples): (2) The husband and wife must acquire their interest through the same deed or will; (3) When either the husband or wife dies, the survivor automatically acquires title to the other's share of the property (unlike a tenancy in common, where two or more persons own undivided share with equal rights to possess the entire property, but there is no right of survivorship); (4) If the couple divorces, the tenancy by the entirety is converted into a tenancy in common (no right of survivorship).
A tenancy by the entirety has
A tenancy by the entirety has to be explicitly mentioned in the deed.
M.G.L. c. 184 s. 7 states:
A conveyance or devise of land to two or more persons or to husband and wife, except a mortgage or a devise or conveyance in trust, shall create an estate in common and not in joint tenancy, unless it is expressed in such conveyance or devise that the grantees or devisees shall take jointly, or as joint tenants, or in joint tenancy, or to them and the survivor of them, or unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy. A devise of land to a person and his spouse shall, if the instrument creating the devise expressly so states, vest in the devisees a tenancy by the entirety.