Skip to content

Rosenfield v. Joshi

A creditor attempted to partition a property in satisfaction of an alleged 1975 sheriff’s sale of the wife’s interest.  However, under the pre–1980 common law tenancy by the entirety, a wife could not convey a valid interest except by the express written deed of both husband and wife.  Because at common law a wife’s rights to the property were merged with those of her husband “as an inseverable part of the marital unity” her interest could not be attached, levied upon, or acquired by sale.

Read the decision (PDF)

Share this post

Share on facebook
Share on twitter
Share on linkedin
Share on print
Share on email
Post Categories