A bankruptcy court in Massachusetts has ruled that state tenancy by the entirety law is preempted by the Bankruptcy Code, §363(h)–(j), interpreting federal law to authorize the forced sale of tenancy by the entirety property over the objections of the non-debtor spouse to satisfy the debts of the debtor spouse. Desmond v. Green, 2018 Bankr. LEXIS 3136 (Bankr. D. Mass. 2018).
Joseph William Singer
Bussey Professor of Law, Harvard Law School
Joseph William Singer
Bussey Professor of Law, Harvard Law School