entirety

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Entirety

The whole, in contradistinction to a moiety or part only. When land is conveyed to Husband and Wife, they do not take by moieties, but both are seised of the entirety. Parceners, on the other hand, have not an entirety of interest, but each is properly entitled to the whole of a distinct moiety.

The word is also used to designate that which the law considers as one whole, and not capable of being divided into parts. Thus, a judgment, it is held, is an entirety, and, if void as to one of the two defendants, cannot be valid as to the other. Also, if a contract is an entirety, no part of the consideration is due until the whole has been performed.

entirety

noun accumulation, aggregate, all, amount, assemblage, collectiveness, collectivity, completeness, completion, comprehensiveness, congeries, ensemble, ennire amount, entireness, everything, exhaustiveness, gross, gross amount, inclusiveness, indiscerptibility, indiscerptibleness, intactness, lot, lump, mass, sum, total, totality, totalness, undiminished quantity, whole, wholeness
Associated concepts: entirety clause, tenants by the entirety, tenants in common
See also: aggregate, finality, sum, total, totality, whole

ENTIRETY, or, ENTIERTIE. This word denotes the whole, in contradistinction to moiety, which denotes the half part. A husband and wife, when jointly seized of land, are seized by entireties and not "pur mie" as joint tenants are. Jacob's Law Dict.; 4 Kent, 362; 2 Kent, 132; Hartv. Johnson, 3 Penna. Law Journ. 350, 357.

References in periodicals archive ?
5) Survivorship--On the death of one spouse, the other spouse becomes the sole owner of the entireties property.
An estate by the entireties can be created in property capable of being held as an estate by the entireties where a conveyance of transfer is made to husband and wife without expressly specifying how they are to take.
Transferring the proceeds of the sale of an entireties property to a trustee for the benefit of the husband and wife does not terminate the unities of title or possession, where the parties clearly intended their property to be held as tenancy by the entireties by exercising beneficial ownership of the property and controlling the property's disposition.
For an in-depth analysis of these issues and the current state of Florida law, please read our article, "Florida Supreme Court Cases Confirm Tenancy by Entireties in Personal Property and Ability of One Spouse to Transfer Assets to Tenancy by the Entireties," available at the following website: Floridatenancybytheentiretiesjurisprudence/gassmanlawassociates.
However, the Court declined to rule on the proper valuation of the husband's interest in the entireties property, reversing and remanding the case to the Sixth Circuit.
4) Nor can one spouse unilaterally withdraw funds from an account held as tenants by the entireties and transfer those funds to a third party.
As to ownership of real property by husband and wife, ownership in the names of both spouses vests title in them as tenants by the entireties.
Unlike real property, Florida law has historically treated personal property differently and required that not only must the form of the estate be consistent with entireties requirements, but also the intention of the parties must be proven.
In an unusual ruling, the district court allowed the IRS to seize an interest in one half of the proceeds from the sale of tenancy by the entireties property.
Craft had present rights to property, even though he owned it as a tenant by the entireties, and that federal law allowed the government to maintain a lien on the husband's rights to property.
3] Therefore, entireties property is property of the estate, unless exempted.
Consequently, a debtor could theoretically own all of his or her assets as tenancies by the entireties, receive a full discharge, and exit the bankruptcy process with an enormous amount of property.