Creditors of one spouse cannot attach property owned by spouses in tenancy by the entirety to satisfy a debt of the spouse.
When a husband and wife take title to real property together as co-owners, the state of Michigan presumes a tenancy by the entirety. MCL 554.44-.45. Real property held in tenancy by the entirety in Michigan is usually considered exempt from liens or judgements against one spouse.
Unless the conveyance of real property explicitly indicates that some other type of property ownership was intended (i.e. joint tenancy), a grant of real estate to a husband and wife is deemed to have created tenancy by the entirety. De Young v. Mesler, 373 Mich 499, 503-504, 130 NW2d 38 (1964).
A creditor collecting on a debt owned by both a husband and wife can levy a judgment on an real property owned by the husband and wife jointly in tenancy by the entirety; however, a judgment against one spouse does not allow the creditor to levy a judgment on real estate owned by spouses as a tenancy by the entirety. Estes v. Titus, 481 Mich 573 (2008); Dutcher v Van Duine, 242 Mich 477 (1928); In Re Farmers’ & Merchants’ Bank, 221 Mich 243, 190 NW 698 (1922); Rossman v Hutchinson, 289 Mich 577, 286 NW 835 (1939); Kolakowski v Cyman, 285 Mich 585, 281 NW 332 (1938). Entireties property cannot be involuntarily sold or encumbered for the debts of just one of the parties. Albinak v Kuhn, 149 F.2d 108 (1945).