TENANCY BY THE ENTIRETIES: A MATRIMONIAL REGIME IGNORED

Abstract

In light of widespread dissatisfaction regarding methods of dividing family property, this article considers the many reform proposals regarding classification of the family home. Recognizing that a majority of proposals call for some kind of joint ownership, it focuses on the often overlooked classification of tenancy by the entireties and compares it to tenancies in common and the favoured joint tenancy. It also examines how tenancies by the entirety satisfy the current reform objectives according to the doctrines of severability and partition, though this form of tenancy has received little serious consideration.