Bankruptcy Exemption Citations
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← Massachusetts Tenancy by Entirety Exemptions

Exemption: Property held as tenancy by the entirety may be exempt against debt for non-necessity owed by only one spouse.

Citation: Stat. - Mass. Gen. Laws ch. 209, § 1

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Mass. Gen. Laws ch. 209, § 1 :
� 1. Married persons; separate property and property held as tenants by entirety; liability for debts

The real and personal property of any person shall, upon marriage, remain the separate property of such person, and a married person may receive, receipt for, hold, manage and dispose of property, real and personal, in the same manner as if such person were sole. A husband and wife shall be equally entitled to the rents, products, income or profits and to the control, management and possession of property held by them as tenants by the entirety.

The interest of a debtor spouse in property held as tenants by the entirety shall not be subject to seizure or execution by a creditor of such debtor spouse so long as such property is the principal residence of the nondebtor spouse; provided, however, both spouses shall be liable jointly or severally for debts incurred on account of necessaries furnished to either spouse or to a member of their family.
Last Amended: 1979
1979
Amended by St.1971, c. 423, � 14; St.1979, c. 727.
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50 State Tenancy by Entirety Exemptions