Co-ownership 3

Question 1

After H has a stroke, he bargains with W and enters into an agreement whereby if W personally cares for him at home for the rest of his life, H would devise certain property to W in his will. W followed through with her part of the deal and when H died he devised the bargained for property to someone else. Can W enforce the contract?

Answer 1

The court does not enforce the wife’s contract and they say it was her pre-existing legal duty to care for her husband.

There was no consideration.

Question 2

After H has a stroke, he bargains with W and enters into an agreement whereby if W personally cares for him at home for the rest of his life, H would devise certain property to W in his will. W followed through with her part of the deal and when H died he devised the bargained for property to someone else. Can W enforce the contract?

The court does not enforce the wife’s contract and they say it was her pre-existing legal duty to care for her husband.

There was no consideration.

She could have made it enforceable by grun v. grun this which means doing what?

Answer 2

The man could have created a life estate in himself and given her a vested remainder.

Question 3

Sawada v. Endo the car accident case

The interest of a husband or wife in an estate by the entireties is not subject to the claims of his or her individual __________ during the joint lives of the spouses. The transfer to the sons was not fraudulent.

Answer 3

creditors

Question 4

In many states, legislation has been enacted to give equal rights to both husband and wife. This is the majority view.

True of False.

Answer 4

True

Question 5

Can a creditor of one spouse reach property held as tenants by the entirety?

Answer 5

The answer is NO. Unless it is the government. The property you own as TBE protected against all creditors unless it is the government.

Question 6

__________ can only reach such property as the debtor can voluntarily assign.

Answer 6

Creditors

Question 7

In a majority of states, a __________ of one spouse cannot reach a tenancy by the entirety because one spouse cannot assign his or her interest.

Answer 7

creditor

Question 8

Real and Personal Property: ________ _____ _____ __________ protects not only any amount of real property from transfer by one spouse and from creditors of one spouse, but also, today in many states, any amount of personal property as well.

Answer 8

Tenancy by the Entirety

Question 9

One creditor can reach the interest of a debtor spouse in property held as tenancy by the entirety.

Guess who?

Answer 9

IRS.