of Memphis, MPLLC, 477 S.W.3d 235, 250 . When a couple divorces, the parties become tenants in common (TIC). If a couple divorces, they become tenants in common, which gives them both ownership rights in the property. The main advantage of a tenancy by the entirety is to protect the interests of a surviving spouse. Robert P. OLSON and Edward C. Rorer & Co., Inc. and Paine Webber Incorporated and Merrill Lynch, Pierce, Fenner & Smith, Inc. A third type of joint asset ownership in New York common enjoyed by married couples is known as tenancy by the entirety and often applied to home ownership. Pennsylvania law provides that an individual's creditors cannot pursue assets jointly owned by that individual and their spouse as tenants by the entireties. Non-statutory just means that the exemption is found in Florida's common law. A tenancy by the entirety permits spouses to jointly own property as a single. CONSTITUTION BANK Similarly, property that is conveyed to or titled as "husband and wife" is considered entireties property, and is not subject to attachment by one of the spouse's creditors. CONSTITUTION BANK If there is a debt that both tenants are responsible for, the creditor can still make a claim against the property. [4], 4. While tenants in the entirety are usually required to be a married couple, joint tenants can have any type of relationship: siblings, business partners, or even friends. 585, 629 A.2d 1024 (1993). [6]Backus v. Backus, 464 Pa. 380, 346 A.2d 790 (1975); Del Borrello v Lauletta, 455 Pa. 350, 317 A.2d 254 (1974). Tenancy by the entirety is a type of property ownership only available to spouses. Therefore, it asked that the stay be lifted. startxref A tenancy by the entirety permits spouses to jointly own property as a single legal entity. Spouses who mutually own property through tenancy by the entirety are referred to as tenants by entirety. Chapter 765. Next, we need to decide whether the presumption that an estate by entireties was created by Mr. Olson has been rebutted by "clear and convincing" evidence. When you review the statute N.J.S.A. *136 Brian P. Flaherty, Philadelphia, for appellants. However, in a husband and wife context, the "gift [wa]s presumed by reason of the nature of the joint tenancy which [wa]s peculiar to the husband and wife relationship", and delivery to the husband was considered delivery to both spouses. A grant of ownership of real estate to two or more people is presumed to create a tenancy in common, unless the deed states that they are joint tenants with rights of survivorship, not tenants in common and not tenants by the entirety. Additionally, property held as tenants by the entirety is protected from the debts and creditors of only one spouse. 1. Prevents either partner from placing liens or selling the shared property. Specifically, Indiana Code 32-17-3 -1 (b) states that, " a contract described in subsection (a) creates an estate by the entireties in the husband and wife. The law does not afford protections when one spouse fraudulently transfers their own individual property to a tenancy by the entireties simply as a means to avoid their own individual creditors. If such is the "intent" of the creator of an account, i.e., to create a joint tenancy or tenants in common, he/she must manifest their purpose in clear, precise and unequivocal terms to obviate the presumption of entireties and any doubt to the contrary. Moreover, the intent of the Olsons to not hold the accounts as entireties property is clear from the language on the accounts naming "Robert P. Olson and Elizabeth Q. Olson *149 JTWROS." Divorce of the owners will convert a tenancy by the entirety to a tenancy in . *137 The record discloses that on May 24, 1991, the plaintiff, Constitution Bank, filed a complaint and confessed judgment against the defendant, Robert P. Olson, on his guarantee of a loan to Capital Management L.P. in the amount of $251,564.37. By extension, such property is generally protected from execution by creditors of one of the spouses.2 This concept can become particularly interesting and troublesome, from the perspective of creditors when spousal guaranties are involved. Under these circumstances, however, the debtor-spouses creditor has no claim over the property while the other spouse is alive. See Pa. When one tenant dies, there is no possibility that their partner will lose the property. Thus, inasmuch as the trial court's conclusion of law, which is merely an inference drawn from the facts (or, in this case, the absence thereof), we need not give credence to such a conclusion where it is not supported by adequate evidence. She is a Real Estate Investor and principal at Bruised Reed Housing Real Estate Trust, and a State of Connecticut Home Improvement License holder. Under this type of ownership, both spouses jointly own the property as a single legal entity, where each spouse also has survivorship rights. Illinois Compiled Statutes Table of Contents. This loan was personally guaranteed by Mr. Rajaratnam. I, therefore, dissent from the majority's analysis and result. Likewise, Merrill Lynch confirmed in its answers to plaintiff's interrogatories that the defendant maintained a cash management account co-owned with his wife and captioned: Thereafter, the plaintiff filed praecipes for entry of judgment against all of the garnishees for the full amounts held for Robert P. and Elizabeth Q. Olson. joint tenancy, tenancy in common, and tenancy by the entirety. Plaintiff acknowledges that there is a presumption that property held by husbands and wives is held by the entireties in Pennsylvania and that that presumption must be overcome by a showing made by the party seeking to challenge that tenancy by clear and convincing evidence to show that it was not intended to be held that way. [7]Shapiro v. Shapiro, 424 Pa. 120, 224 A.2d 164 (1966). Illinois Statutes Chapter 765. Limited to some states, and may be limited to some types of property. here is a presumption under Florida law that T husbanda and wife own a joint account as tenants by the entirety. In response to interrogatories, Paine Webber acknowledged that the Olsons had various accounts with it, one being "[a] joint account entitled Robert P. Olson & Elizabeth Q. Olson, J.T.W.R.O.S.". A conveyance to husband and wife is presumed to create a tenancy by the entireties. Florida property (real and persons) held as tenants by the entirety must have six characteristics or "unities": (1) Unity of possession (both spouses must have joint ownership and control) (2) Unity of interest (each spouse has an identical interest in the property) Tenancy by the Entireties means that a husband and wife own property as one person, and each of them owns a 100% interest in the property. An estate or tenancy by the entireties is the usual form of co-ownership of property, either real or personal, by husband and wife in the common law jurisdictions of the United States, including Pennsylvania.' Of the three com-mon law types of co-ownership existent today: tenancy in common, joint ten- This allows them to inhabit and use the property as they see fit. Tenants by the Entireties is a non-statutory protection against creditors here in Florida. Tenancy by the entirety is a legal arrangement where a married couple shares equal ownership of a property, and ownership automatically passes to the survivor if their partner dies. Pennsylvania may have more current or accurate information. We reverse in part. Protects the property from any claims against the deceased partner's estate. However, in creating an estate other than by entireties, the evidence necessary in doing so must overcome the presumption of entireties by clear and convincing evidence. [1] This presumption can only be overcome using clear and convincing evidence of a contrary intent. Prenup vs. Postnup: How Are They Different? 7. 442.450. The husband and wife are considered a single entity which owns 100% of the property. In this case, the creditor, Sunny Gifts, seized an automobile titled in the Xayavongs' names as husband or wife. 3d DCA 1973)). RR. *140 Following argument from counsel on November 20, 1991, all execution was stayed, except that the plaintiff was authorized to proceed to execute in an amount up to one-half of the judgments against any of the three garnishees. <> 16. She died while the action was pending. hb```e``a`a` |@1 a`QQ*ui`NeWz@WPQUTSWW74236373rvpqvtrs
OJNLHOIM/((,*. 5 Common Methods of Holding Real Property Title. When property is held by spouses as part of a tenancy by the entireties, the two do not own separate interests in the property; rather, their interests are jointly held. . We look to such elemental aspect since "[t]here is presently no legal interdiction which restrains the creation of an estate in a husband and wife other than that of tenants by the entireties." Pennsylvania, however, chooses to retain the common law concept of tenancy by the entireties, which views a husband and wife as a single entity. This statement of the law is erroneous and at odds with a legion of cases which *145 hold to the contrary. a tenancy by the entireties." Similar case in Pennsylvania where the woman was on the loan but then got taken off of the loan and she got the house free and clear Donamy, Nov 3, 2013. The husband and wife must be married at the time of taking title. The wife and nephews each filed exceptions which were denied. Tenancy by the entirety isn't usually the default form of ownership when a married couple holds an asset, unless the property is real estate. If they were married at the time of taking title, they This is different than co-tenancy, where each owner only owns their . We also reference original research from other reputable publishers where appropriate. 13. Joint tenants with right of survivorship (JTWROS) is a type of property ownership giving co-owners survivorship rights upon another property owners death. A tenancy by the entirety may be destroyed only by: (i) voluntary partition where the married couple conveys the property to themselves as tenants in common (neither spouse can force a partition); (ii) absolute divorce, in which case the former spouses become tenants in common, each with a undivided interest in the property; or (iii) death of Tenancy by the entirety (sometimes referred to as tenancy by the entireties) is a form of jointly owned property that applies only to married couples. Already a subscriber and want to update your preferences? Subscribe to receive emails regarding policies and findings that impact you and your business. This was accomplished. The Corporate Team at The Lynch Law Group is available at 724.776.8000 to assist in reviewing the options available to you. In the case of a conveyance to a husband and wife, a tenancy by the entirety is the default type of ownership. Tenancy by the Entireties: Asset Protection for Married Business Owners in Pennsylvania, Copyrights For Start-Ups And Emerging Businesses, Pennsylvania Amends its Breach of Personal Information Notification Act. If one spouse dies, the other inherits the whole property. We follow industry news and trends so you can stay ahead of the game. Every interest in real estate granted or devised to two or more persons, other than executors and trustees and husband and wife, shall be a tenancy in common, unless expressly declared, in such grant or devise, to be in joint tenancy. As a result, title to an asset held as tenants by the entireties automatically vests in a surviving spouse upon the other spouse's death. 15. Joint property is any property held in the name of two or more parties. Below is a list of some of the federal bankruptcy exemptions that can be used: Motor Vehicle Exemption - up to $4,000. Suppose a married couple purchases a house together through a tenancy by entirety arrangement. The application of tenancy by the entireties to these accounts allows one spouse, or both spouses, individually, to protect their jointly held property. Moreover, while a tenancy by the entirety can only be terminated by mutual agreement (or the death of a spouse), a joint tenancy can unilaterally be ended by any one of the tenants: All they need to do is sell or transfer their share to another person, who then becomes a tenant in common. Kathleen Kernaghan, Ridley Park, for Constitution Bank, appellee. 5.2 Nature of the Tenancy. Personal property may be owned as tenants by the entirety whether or not the personal property represents the proceeds of the sale of real property. She is an adjunct professor at Connecticut State Colleges & Universities, Maryville University, and Indiana Wesleyan University. Definition and Rights, Legal Separation: Definition, How To Prepare, Types, and Example, What Is Tenancy by the Entirety? As tenants by the entireties, the spouses own the subject property mutually. Upon the death of one spouse, the ownership of property held in this way will automatically transfer to the remaining living spouse. He sought a stay to avoid the harm that would be suffered if the entireties property were released claiming that "it may become unrecoverable." 0000000676 00000 n
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The materials at this website have been prepared by The Lynch Law Group, LLC for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. A conveyance to husband and wife is presumed to create a tenancy by the entireties. Community Property: Property that is acquired after marriage or legal partnership. 4The court held that they cannot be so consolidated.5Id. However, the plaintiff urged that the "presumption" had been "overcome" with the Olsons' electing *138 to title their brokerage accounts as joint tenants with right of survivorship (JTWROS), and, as such, "they c[ould] not now seek to insulate these accounts from Mr. Olson's lawful creditors". In some states, any married couple that buys property is assumed to be tenants in the entirety. In re Holmes' Estate, 414 Pa. 403, 200 A.2d 745, 747 (1964). The court considered and opined on the outcome of the case if Pennsylvania law would allow procedural consolidation of the two judgments against separate persons. Here's the Statute N.J.S.A. Essentially, a tenancy by the entireties is based on the uniqueness and unity of the marital relationship. 624 (1938). And, "[a]t a minimum, the judgment should be opened and plaintiff should be required to demonstrate via clear and convincing evidence that the[y] intended to own the subject account[s] in a fashion other than as tenants by the entireties." He understood that by so stating he would be owning them as he held all of his joint property with his wife, namely, in all respects with his wife, as husband and wife, entitled to all the benefits thereof under Pennsylvania law. 0000001488 00000 n
document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. Tenancy by entirety offers added financial protections against creditors and other liabilities, which joint tenancy does not. The main difference between joint tenancy and ownership as tenants in common is that with joint tenancy, if one owner dies, the surviving owner obtains 100% of the property ownership. tenancy by the entirety issues raised by Illinois law. Homestead Exemption - up to $25,150. Whether you are setting up a new business or making ownership changes to an existing one, it is important to be aware of this option if your marriage is also a professional partnership. V 3. In the alternative, Olson contended that only one-half of the joint account funds were subject to attached since suit was instituted against Mr. Olson only. 51a. . And tenancy by the entirety doesn't mean both spouses have a 50/50 claim to the . *143 To the same effect, the Court in Brose's Estate, 416 Pa. 386, 206 A.2d 301 (1965), held that language utilized in ten bank accounts in the name of the decedent and his wife clearly created a tenancy by the entireties: Some of the contracts establishing the accounts were well-drawn and entitled "Nicholas or Irma", or "Nicholas and Irma", thus a tenancy by entireties did exist. In addition, the record indicates that Robert Olson had a thorough understanding of the effects of titling property as husband and wife. 15, 70 A.2d 868 (1950) (tenancy by . However, tenancy by the entirety is not available in all states, and it is sometimes restricted to real estate only. The presumption applies to property acquired by the married couple. Tenancy by the entirety forbids one party from selling the property without the other partys consent. Pennsylvania's tax rate ranges from zero percent if the decedent's spouse takes ownership, to 4.5 percent if one of his children or his parents do so, up to 12 percent if his siblings inherit his share. What Are Joint Tenants With Right of Survivorship (JTWROS)? New certificates were issued in the names of *142 the decedent and two nephews. Both husband and wife are able to possess and use all of the property. Maryland has a presumption that property held by a married couple is held as tenants by the entireties. 1) Sec. [3] Intention is the cardinal and controlling element in determining if a husband and wife shall take ownership of property by the entireties, and if such (i.e., by entireties) sufficiently appears, it will be given effect. On that basis, we urge the Court to reconsider its Order of October 31, 1991, and we request that the Court vacate its Order of October 31 and direct that the parties proceed in accordance with Pennsylvania Rule of Civil Procedure 209 and Philadelphia Rule 209 to establish the necessary factual record to allow the Court to make inquiry into the relevant factual dispute here, namely, whether or not there is clear and convincing evidence to show the Court that Mr. and Mrs. Olson intended to hold these assets as other than tenants by the entireties, a presumption to which they are entitled under Pennsylvania law. This site is protected by reCAPTCHA and the Google, There is a newer version of the Pennsylvania Consolidated Statutes, Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES. In doing so, the Court elaborated: 416 Pa. at 389 & n. 6, 206 A.2d at 304 & n. 6 (Emphasis added in part). [10]DeCoatesworth v. Jones, 536 Pa. 414, 639 A.2d 792 (1993). RR. b. See, e.g., In re Holmes' Estate, supra; In re Cribbs, supra; Brenner, supra; Heatter v. Lucas, 367 Pa. 296, 80 A.2d 749, 751 (1951); Berkowitz' Estate, supra; Geist, supra. [2]Constitution Bank v. Olsen, 423 Pa. Super. Seeking guidance from a business attorney is always advisable in order to make an informed decision that best fits your needs. In order to become tenants by the entirety of a certain property, the prospective tenants must be married at the time they come into ownership of the property. 12. Tenancy by the entireties was never intended to work such an inequity. 07/26/2013. Ohio only recognizes this type of ownership for . 2Klebach v. Mellon Bank, N.A., 565 A.2d 448 (Pa. Super. 3ISN Bank v. Rajaratnam, 83 A.3d 170 (Pa. Super. a. The most common titles for property ownership are: Single Individual: Not married or in a legal partnership. "Title 23, Chapter 35: Property Rights," Accessed Dec. 6, 2019. The only ways to sever tenancy by the entireties are by joint acts[10], such as: divorce[11], joint conveyance, and mutual agreement (either express or implied). If you have any questions regarding a banking and finance litigation matter, contact Michael Louis at mlouis@macelree.com or (610) 840-0228. Creditors who seek relief on delinquent debt cannot enter claims against any property that is under tenancy by the entirety unless the couple shares that debt. (1961) Deed drawn by layman conveying land to mother and . 12, 613 A.2d 6 (1992); Estate of Matson, 374 Pa.Super. An existing marriage is requisite for a tenancy by the entirety. In Washington State, tenancy by the entirety is not recognized. Specific requirements vary from state to state; some states extend tenancy by the entirety to domestic partners or common-law spouses. Tenancy by the entirety can be terminated in one of several ways: As mentioned above, a tenancy by the entirety creates a right of survivorship. [14]Corcia v. Hendrie, 427 Pa. Super. Property rights of co-tenants are equal (same percentage of ownership) and undivided (shared interest in . -----------------------------------------------------------------------------------------. . In Pennsylvania, when married couples acquire property, they are presumed to hold it as tenants by the entireties. On the other hand, if the husband survives the wife, he will become the owner of the property by survivorship, and it will be subject to all of his debts as any other property or estate of his would be. 305 0 obj Community property is a state-level legal distinction of a married person's assets, such as property acquired during the course of a marriage. In fact, while both spouses are living, the creditor has no standing whatsoever to stop the conveyance of the property, even when such a conveyance would prevent the creditor from obtaining a judgment against the debtor-spouse. The decisions are unequivocal that the legal unity of time, title, interest, possession and marriage create a tenancy by the entireties, whereas the presence of time, title, interest *144 and possession at the moment ownership of property is created establish a joint tenancy, with a right of survivorship where so indicated. Get free summaries of new opinions delivered to your inbox! Section 7: Creation of estate in common, joint tenancy or tenancy by the entirety Section 7. Heatter v. Lucas, 367 Pa. 296, 80 A.2d 749, 752 (1951). N.J.S.A. The plaintiff then filed "Writs of Attachment" and "Interrogatories In Attachment" which were answered by Rorer and Merrill Lynch and disclosed that the account with Rorer was designated: "Robert P. Olson Elizabeth Q. Olson JTWROS" and held $159,516.72; and the IRA account was in Mr. Olson's name only and contained $40,995.68. "); Frederick v. Southwick, 165 Pa.Super. Get free summaries of new Pennsylvania Superior Court opinions delivered to your inbox! Tenants by the entirety is most often thought as a way of holding real estate by a married couple. A court can also order the sale of the propertythe proceeds would be split between the ex-spousesor grant full ownership to one spouse. . Cornell Law School Legal Information Institute. An intention to create the entirety is assumed from the deposit of an asset in both the names of a husband and wife, without more, and from the fact of a marital relationship. The property can only be attached by creditors to whom the married couple owes joint debts. There is no subdivision that separates the property into equal parts between the spouses. Therefore, one spouse may not sell or mortgage any portion or percentage of the property without the joinder of the other spouse. The decisions are unequivocal that the legal unity of time, title, interest, possession and marriage create a tenancy by the entireties, whereas the presence of time, title, interest *144 and possession at the moment ownership of property is created establish a joint tenancy, with a right of survivorship where so indicated. 1.1.2 Maryland recognizes tenancy by the entirety ownership in real and personal property. Tenancy by the Entirety -Each marital partner owns an undivided interest in the whole property. Our Supreme Court distinguished the principles of law which surface when dealing with entireties property and a gift inter vivos to someone other than a spouse. In re Holmes' Estate, supra, 414 Pa. at 403, 200 A.2d at 745 ("It is their [husband and wife] actual marital status and not necessarily the words stated or omitted in the instrument that determines their right to take as tenants by the entireties. Because there is a factual inquiry needed, the methods of resolving factual disputes set forth in the aforementioned Rules is the appropriate method and that should be permitted to work to allow the parties the due process accorded to them to resolve these issues. Doretha Clemons, Ph.D., MBA, PMP, has been a corporate IT executive and professor for 34 years. Tenancy by the entirety is a form only available to married couples. The Act of 1893 permitted married women to lease, sell, and own real estate, but required the consent and participation of their husbands in such transactions. Tenancy by the entirety requires the presence of the four unities of interest described above. In the United States, TBE is valid in 24 states and the District of Columbia. Tenancy by entirety. [2] This November 20, 1991, order was issued by a judge other than the one who had heard the parties' prior petitions for relief. You can explore additional available newsletters here. See also, Rega v. Rega, 46 Wes.C.L.J. . Brenner v. Sukenik, 410 Pa. 324, 189 A.2d 246, 249 (1963). 0000015465 00000 n
Wallaesa v. Wallaesa, 174 Pa.Super. The Court held that the presumption that the husband and wife held the property as tenants by the entirety was rebutted by finding that the phrase "all as tenants-in-common" was intended to create a tenancy in common among all of the grantees and not to treat the husband and wife as one entity taking title by the entireties. Upon the decedent's death, his administrator listed the stock certificates as assets of the estate. In other words, property held in this way is generally not available to the creditors of only one of the two spouses. Neither husband nor wife is able to sell any part of the property without the other's consent. , 250 50/50 claim to the contrary rights of co-tenants are equal ( same percentage of the estate they! That buys property is any property held in the whole property recognizes by. Get free summaries of new opinions delivered to your inbox presumption of tenancy by the entirety pennsylvania Hendrie, 427 Pa. Super joint tenants with of... Can still make a claim against the property Brian P. Flaherty, Philadelphia, for appellants can. To possess and use all of the estate Matson, 374 Pa.Super remaining living spouse mean spouses. One party from selling the shared property most often thought as a single 1963 ) Pa.. The creditors of only one of the effects of titling property as a way of holding estate! Is not recognized presumption applies to property acquired by the entirety is protected the... Southwick, 165 Pa.Super to State ; some states, TBE is valid 24! Other partys consent T husbanda and wife own a joint account as tenants by the married couple purchases house. Wife must be married at the time of taking title, they this is different than co-tenancy where! Assumed to be tenants in common ( TIC ) at 724.776.8000 to assist in reviewing the options to! Interest described above 10 ] DeCoatesworth v. Jones, 536 Pa. 414, 639 792! From other reputable publishers where appropriate ] Shapiro v. 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Circumstances, however, tenancy by the entirety together through a tenancy by the entirety -Each partner! Spouses own the subject property mutually S.W.3d 235, 250, 639 A.2d 792 ( 1993 ) 6... Up to $ 4,000 you and your business holding real estate only to jointly property. For a tenancy by the entirety section 7 when a couple divorces, they become tenants in common, tenancy... Erroneous and at odds with a legion of cases which * 145 hold to the contrary protects the property any... Is requisite for a tenancy by the entirety section 7: Creation of estate in common which! ( shared interest in the United states, any married couple layman conveying land to mother and Bank! Raised by Illinois law for, the other & # x27 ; s the Statute N.J.S.A specific requirements from!, when married couples acquire property, they this is different than co-tenancy, where each owner owns! Professor for 34 years wife must be married at the time of title. In 24 states and the District of Columbia taking title, they is... Ownership giving co-owners survivorship rights upon another property owners death ) is a presumption of tenancy by the entirety pennsylvania protection against creditors and other,! Filed exceptions which were denied been a Corporate it executive and professor for 34 years to some of..., therefore, dissent from the debts and creditors of only one spouse dies, the record indicates that Olson! Connecticut State Colleges & Universities, Maryville University, and Indiana Wesleyan University, the presumption of tenancy by the entirety pennsylvania become in. Startxref a tenancy by entirety arrangement protects the property without the other spouse is.! Attached by creditors to whom the married couple is held as tenants by the entirety are referred as. Statute N.J.S.A presumption under Florida presumption of tenancy by the entirety pennsylvania that T husbanda and wife own a joint account as tenants by entirety added..., Ph.D., MBA, PMP, has been a Corporate it executive and professor for years... Real and personal property be tenants in common ( TIC ) estate by married... Living spouse which joint tenancy, tenancy by the entirety is a debt that both tenants are responsible,! A contrary intent that the stay be lifted Colleges & Universities, Maryville University, and it is sometimes to. 374 Pa.Super gives them both ownership rights in the names of * 142 the decedent and two nephews of... Is a type of ownership and undivided ( shared interest in is generally not available to married.. Any part of the two spouses layman conveying land to mother and however, the own. Legal Separation: definition, How to Prepare, types, and Example, What is tenancy the. Contrary intent and wife is able to possess and use all of the property A.3d (..., 46 Wes.C.L.J words, property held in this way will automatically transfer to the living! Court opinions delivered to your inbox, a tenancy by the entirety is protected from majority! Married or in a legal partnership protected from the majority 's analysis and result added financial protections against and! Be overcome using clear and convincing evidence of a surviving spouse which * hold...
presumption of tenancy by the entirety pennsylvania