What type of ownership is created by a conveyance to husband and wife?

Prepare for the Michigan State Title Insurance Exam with flashcards and multiple choice questions. Each question includes hints and explanations. Ace your test!

When a conveyance is made to a husband and wife, the type of ownership established is known as Tenancy by the Entireties. This form of ownership is specifically designed for married couples and is characterized by several legal features that distinguish it from other types of ownership.

Under Tenancy by the Entireties, both spouses have an equal and undivided interest in the property. Importantly, neither spouse can independently convey their interest in the property without the consent of the other. This means that any sale or transfer of interest requires both parties to agree, providing a strong protection for both spouses. Additionally, in many jurisdictions, Tenancy by the Entireties also offers certain protections against creditors specifically targeting only one spouse, as the property cannot be seized to satisfy the individual debts of either spouse.

This contrasts with Tenancy in Common, which allows for shares that can be unequal and can be sold or transferred without the consent of the other party. Joint Tenancy involves a right of survivorship, where the death of one owner results in their interest automatically passing to the surviving owner(s), but does not inherently protect against individual debts. Community Property is a form of ownership found in some states, where property acquired during marriage is considered jointly owned, yet it does

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