Wagner v. Galipo

In this appeal, the Galipos argue that they were entitled to summary judgment as a matter of law because their tenancy by the entireties was executed prior to the recording of the judgment lien held by the Wagners.1 For the reasons which follow, we find that issues of fact exist on whether the tenancy by the entireties resulted from a fraudulent conveyance. Thus we affirm the decision of the court below.

I

The creation of a tenancy by the entireties was governed by former R.C. 5302.17, which stated in pertinent part:

“A husband and wife who are the sole owners of real property as joint tenants…