A and B are married and own property as tenants by the entirety. The property is worth $500,000. A incurs a debt of $100,000 and can't repay the debt. Can the creditor go after A's share of the property to collect the debt? If so, why? If not, why not?

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Damari Mcintosh

2 May, 14:34

A and B are married and own property as tenants by the entirety. The property is worth $500,000. A incurs a debt of $100,000 and can't repay the debt. Can the creditor go after A's share of the property to collect the debt? If so, why? If not, why not?

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Clare Bradford · Answer 1

Answer: People who have the status of a creditor in front of only one of the spouses cannot access the property that the 2 possess while they both live there.

As in this case the creditor is only creditor of "A", he cannot only pursue the part of "A" therefore he cannot obtain the execution of the property.