Lohmiller v. Weidenbaugh

I dissent from the majority’s finding that Hazel Lohmiller must be joined in the partition action.

A tenancy by the entireties is a form of co-ownership that exists only between husband and wife and is presumed to exist whenever property is held in their joint names. It is characterized by the four unities of interest, title, time, and possession. Each spouse is entitled to enjoyment of the whole and a right of survivorship. Neither has an individual portion that can be alienated, separated, or reached by creditors, Madden v. Gosztonyi Savings & Trust Co., 331 Pa. 476, 200 A. 624 (1938).…