The Drafting Of Property Settlement Agreements: DeMayo V. DeMayo, A Cautionary Tale.pdf

The-Drafting-of-Property-Settlement-Agreements_-DeMayo-V_-DeMayo-A-Cautionary-Tale-00069663.pdf
Preview of The Drafting of Property Settlement Agreements: DeMayo v. DeMayo, a Cautionary Tale
🔗 Source: beankinney.com
📊 Size: 554 KB
👤 Author: faburt
⬇️ Downloads: 130

Summary

When a husband and wife enter into a property settlement agreement, they must clearly intend to sever the tenancy by entirety status of any real property they own. The case of DeMayo v. DeMayo illustrates this, where the Alexandria Circuit Court ruled that the surviving spouse took the real property after the other spouse's death, as the property settlement agreement did not manifest a clear intention to sever the tenancy by entirety. The Virginia Supreme Court denied the estate's petition for appeal, finding no reversible error in the Circuit Court's decision. The property settlement agreement had stated that the two properties would be sold under certain conditions, but these conditions were not met before the husband's death, and the tenancies by the entireties remained intact, making the properties the separate property of the surviving spouse.

Description

When a husband and wife enter into a property settlement agreement, they must clearly intend to sever the tenancy by entirety status of any real property they...

Technical Information

  • File Format: PDF
  • File Size: 554 KB
  • Pages: 5
  • Language: EN
  • Author: faburt
  • Total Downloads: 130
  • Last Updated: 1 month ago

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