Entireties, Tenancy By - Definition - Law Dictionary Home Dictionary Definition entireties-tenancy-by

Definition :

Entireties, tenancy by. Before the (English) L.P. Act, 1925, where an estate was conveyed or devised to a man and his wife during coverture, they were said to be tenants by entireties, that is, each was said to be seized of the whole estate, and neither of a part. The consequence was, that the husband's con-veyance alone would not have had any effect against his wife surviving him. The husband being seised of the whole estate during coverture either in his own right or jure uxoris, could of course part with that interest; but to make a complete conveyance of all the interests held in entirety, the wife must concur. Tenants by entireties were seised pre tout, and not per my et per tout. As a consequence of this doctrine if lands were given to a husband and his wife and a third person, the husband and wife, being reckoned only as one person, took one-half and the third person the other half; but under s. 37 of the (English) Law of Properties Act, 1925, the husband, wife and third person will each have equal rights. In some respects this species of tenancy seems to be an exception to the rule that the husband and wife are one person in law; if they are to be considered as one person, the husband should have been able to convey alone, which in this case he could not do, Watk. Conv. 170. Tenancies by entireties were abolished by the (English) L.P. Act, 1925, 1st Sched. Part VI., and converted to a joint tenancy without affecting the beneficial interest. The property is to be held upon trust for sale (ibid., s. 36). See (English) Married Women's Property Acts, 1882 to 1907, and MARRIED WOMEN'S PROPERTY.