Property Ownership
In West Virginia, when a property is owned by spouses as tenants by the entirety, and one spouse incurs a personal debt judgment, the judgment creditor:
ACan immediately force a sale of the property
BCannot generally force a sale or attach the tenancy by the entirety property for one spouse's individual debts✓ Correct
CMust obtain both spouses' consent to collect
DCan attach the debtor spouse's 50% share only
Explanation
One of the key advantages of tenancy by the entirety in West Virginia is its protection against individual creditors. A judgment creditor of one spouse generally cannot force a sale or attach property held as tenants by the entirety for one spouse's individual debts.
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