Constitution Bank v. Olson

I respectfully dissent from the majority’s decision which, in my opinion, adheres far too rigidly to the elements of tenancy by the entireties without considering the inequitable results in this case. Equity requires us to consider not only the rights and interests of Robert and Elizabeth Olson, but the rights and interests of Constitution Bank as well.

Tenancy by the entireties is a “unique form of co-ownership grounded in the common law concept that husband and wife were but one legal entity.” Clingerman v. Sadowski, 513 Pa. 179, 519 A.2d 378 (1986). Essentially, a tenancy by the entireties…