Real Estate Appraisal Practice Exam

What happens to a property owned by a married couple as tenants by the entirety if they divorce?

1. The property is sold immediately.

2. The ownership converts to tenancy in common or joint tenancy.

3. The property is automatically transferred to one spouse.

4. The couple must wait until the children are adults to sell.

The correct answer is: The ownership converts to tenancy in common or joint tenancy.

Upon divorce, the ownership of a property held as tenants by the entirety typically converts to tenancy in common or joint tenancy. This legal distinction is crucial because tenants by the entirety is a form of ownership that only applies to married couples and provides certain protections against creditors. When the marriage dissolves, this unique ownership structure no longer applies, and the property must transition to a different form of ownership. In the case of tenancy in common, each spouse would then own an individual share of the property, which can lead to separate dealings with their respective interests in the property. This transition allows for both individuals to have the right to sell or encumber their share independently. The other options presented do not reflect the standard legal outcomes in such situations. Immediate sale of the property, automatic transfer of the property to one spouse, or the requirement to wait until children are adults do not accurately represent the typical legal processes following a divorce involving jointly-owned property.