possession by entireties

简明释义

共同占有［法律］

英英释义

例句

1.Some states allow for joint ownership of bank accounts under possession by entireties rules.

一些州允许根据共同所有权规则共同拥有银行账户。

2.In many states, married couples hold property in possession by entireties, which means they each own the whole property rather than a divided share.

在许多州，已婚夫妇以共同所有权持有财产，这意味着他们各自拥有整个财产，而不是分开的份额。

3.In the event of divorce, property held in possession by entireties may be subject to equitable distribution.

在离婚时，以共同所有权持有的财产可能会受到公平分配的影响。

4.If one spouse incurs debt, the property held in possession by entireties is typically protected from creditors.

如果一方配偶产生债务，通常以共同所有权持有的财产会受到保护，不受债权人追索。

5.Transferring property held in possession by entireties usually requires both spouses to agree.

转让以共同所有权持有的财产通常需要双方配偶同意。

作文

In the realm of property law, understanding the different forms of ownership is crucial for both legal professionals and individuals alike. One such form of ownership is known as possession by entireties, which is particularly relevant for married couples. This legal concept allows spouses to hold property jointly, creating a unique type of co-ownership that offers specific advantages and protections. In this essay, we will explore the meaning of possession by entireties and its implications for married couples in terms of property rights and legal security.Possession by entireties (夫妻共同占有) is a form of joint ownership that can only be established between legally married partners. Under this arrangement, both spouses have an equal and undivided interest in the property. This means that neither spouse can sell or transfer their share of the property without the consent of the other. This feature is one of the primary distinctions between possession by entireties and other forms of co-ownership, such as joint tenancy or tenancy in common, where one party may unilaterally decide to sell their share.One of the most significant benefits of possession by entireties is the protection it offers against creditors. In many jurisdictions, if one spouse incurs a debt, creditors cannot pursue the property held in possession by entireties to satisfy that debt. This means that the couple's home or other jointly owned assets are shielded from individual liabilities, providing a layer of financial security for both partners. This protection is particularly important in today’s world, where economic uncertainties can lead to unexpected financial difficulties.Additionally, possession by entireties simplifies the process of inheritance. In the event of one spouse's death, the surviving spouse automatically inherits the deceased spouse's interest in the property without the need for probate. This seamless transfer of ownership can help reduce stress during an already difficult time and ensures that the surviving spouse retains full control over the shared assets.However, it is essential to note that possession by entireties is not universally recognized in all states or countries. Some jurisdictions may have different rules regarding property ownership for married couples, which can affect how assets are managed and transferred upon divorce or death. Therefore, it is vital for couples to understand the laws governing property ownership in their respective locations and to seek legal advice when necessary.In conclusion, possession by entireties (夫妻共同占有) is a valuable legal concept that provides married couples with unique property rights and protections. By allowing spouses to hold property jointly and offering safeguards against creditors, this form of ownership can significantly enhance financial security and simplify the process of inheritance. As with any legal matter, it is crucial for couples to educate themselves about their rights and responsibilities under possession by entireties and to consult with legal professionals to ensure they make informed decisions regarding their shared assets.