This group has been abrogated GROUP II The interest of the debtor spouse in the

This group has been abrogated group ii the interest

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This group has been abrogated GROUP II The interest of the debtor spouse in the estate may be sold or levied upon for his or her separate debts, subject to the other persons contingent right of survivorship o It is subject to the possessory rights of one half and the survivorship rights. They could use half and if she kicks off first and the debts are his then they get the whole thing. If he kicks off first and she survives she gets the whole thing. o This is a gamble that the debtor is going to outlive the other spouse. o You can get use and enjoyment but subject to the right of survivorship. A potential sacrificial sale, and in essence might no get the value of the property GROUP III An attempted conveyance by either spouse is wholly void, and the estate may not be subjected to the separate debts of one spouse only. o Florida is in group 3. o That’s the majority jurisdiction GROUP IV The contingent right of survivorship appertaining to either spouse is separately alienable by him and attachable by his creditors during the marriage. o Very similar to group 2 but it has a little twist o Don’t get anything present, they attach the right of 35
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o Unilateral conveyance is not allowed o Tenancy by the entirety property is immune to the creditors of the other spouse. Doesn’t give enough credence to the creditor’s rights and to the injured party ability to be made whole. survivorship banking that the innocent spouse will kick off first and only then will they have an ownership interest o They attach something that might be in the future; they gamble that the bad spouse will survive. You are gambling and hoping that the right of survivorship vest and gambling that the property value may not be the same at the time Difference between Group II and IV? You can’t levy on the present interest in 4; all you go after and can attach is the right of survivorship if in essence it attaches. The court decided that the conveyance from P to their sons was not a fraud, because P was not able to attach the property in the first instance. United States v. 1500 Lincoln Avenue Government seeks forfeiture of interest from innocent owner who owns title by tenants by the entirety since husband was found guilty of prescription drug filling Facts: Government seeks forfeiture of the pharmacy after Mr. Bernstein was arrested for conducting illegal diversion of various pharmaceutical drugs in the pharmacy. Mrs. Bernstein and Mr. Bernstein owned the property as tenants by the entirety. Mrs. Bernstein had no idea about the actions of Mr. Bernstein on the property. FIRST ATTEMPT: The government’s first position is that the property is severable because of the husband’s illegal use of the property and converts it into a tenancy in common and therefore they can go after it. o That results in a dismissal because if you look at the property as hers and she is the innocent owner then the property is immune.
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  • Spring '17
  • Gonzalez
  • Adverse possession, The Court

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