RBS Citizens, N.A. f/k/a Citizens Bank of Rhode Island v. Ouhrabka

Reiber, CJ.

¶ 1. This is an interlocutory appeal from the trial court’s denial of appellant RBS’s motion for a writ of attachment of appellee Jan Ouhrabka’s property, which Ouhrabka owns jointly with his wife as tenants by entirety. The trial court held that a creditor, like RBS, cannot attach property owned jointly by a debtor and a nondebtor when they hold that property as tenants by entirety. RBS contends that the estate of tenancy by entirety is an anachronism whose continuing utility should be reconsidered. In the alternative, RBS argues that Vermont law does not explicitly preclude…