Bellows Falls Trust Co. v. Gibbs, 534 A.2d 210 (Vt. 1987). · Go Syfert
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Bellows Falls Trust Co. v. Gibbs, 534 A.2d 210 (Vt. 1987). Cases Citing This Book View Copy Cite
23 citation events (11 in the last 25 years) across 4 distinct courts.
Strongest positive: In re Spencer (vt, 1989-06-02)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) In re Spencer
Vt. · 1989 · confidence medium
This Court has recently noted that “tenants by the entirety are viewed as being individually vested, under a legal fiction, with title to the whole estate.” Bellows Falls Trust Co. v. Gibbs, 148 Vt. 633, 633 , 534 A.2d 210, 211 (1987) (mem.) (citing Preston v. Chabot, 138 Vt. 170, 174 , 412 A.2d 930, 932 (1980)).
examined Cited "see" Jakab v. Cendant Mortgage Corp. (In Re Jakab) (5×)
Bankr. D. Vt. · 2003 · signal: see · confidence high
See id.
discussed Cited "see, e.g." RBS Citizens, N.A. f/k/a Citizens Bank of Rhode Island v. Ouhrabka (2×)
Vt. · 2011 · signal: see also · confidence low
This Court has long held that “[t]he estate of the wife and the husband’s interest in her tenancy by the entirety, if validly created, is protected from the husband’s sole creditors.” Rose v. Morrell, 128 Vt. 110, 112 , 259 A.2d 8, 10 (1969); see also Bellows Falls Trust Co. v. Gibbs, 148 Vt. 633, 633 , 534 A.2d 210, 211 (1987) (mem.) (holding that “[n]either spouse has a share [of tenancy by entirety property] which can be disposed of or encumbered without the joinder of the other spouse.”); Lowell v. Lowell, 138 Vt. 514, 515-16 , 419 A.2d 321, 322 (1980) (holding that property he…
discussed Cited "see, e.g." Medical Center Hosp. of Vt v. Lorrain (2×)
Vt. · 1996 · signal: see, e.g. · confidence low
See, e.g., Bellows Falls Trust Co. v. Gibbs, 148 Vt. 633, 633 , 534 A.2d 210, 211 (1987) (mem.) (when spouses hold property as tenants by entirety, neither spouse has share that can be disposed of or encumbered without joinder of other spouse); Beacon Milling Co. v. Larose, 138 Vt. 457, 460 , 418 A.2d 32, 33-34 (1980) (spouses may hold personal property, including bank accounts, as tenants by entirety; such property is protected by 15 V.S.A. § 66 from husband’s sole creditors).
Retrieving the full opinion text from the archive…
BELLOWS FALLS TRUST CO.
v.
Rooney L. GIBBS and Cynthia W. Gibbs
85-333.
Supreme Court of Vermont.
Sep 8, 1987.
534 A.2d 210
Allen, C.J., and Hill, Peck and Gibson.
Cited by 6 opinions  |  Published

27 V.S.A. § 141(b) provides that “[w]hen a mortgagee takes an accruing mortgage, the only, debt which shall be secured thereby or become a lien upon the property described therein shall be the debt described in the mortgage and existing at the time of its execution, and any subsequent direct indebtedness of the mortgagor to such mortgagee; . . . .” (Emphasis added). The subsequent indebtedness here was incurred by only one of the mortgagors, see 1 V.S.A. § 175, and thus could not become a lien upon the nonconsenting mortgagor’s interest in the property.

In Vermont, tenants by the entirety are viewed as being individually vested, under a legal fiction, with title to the whole estate. Preston v. Chabot, 138 Vt. 170, 174, 412 A.2d 930, 932 (1980). Neither spouse has a share which can be disposed of or encumbered without the joinder of the other spouse. Id. Therefore, we conclude that the note executed on July 10, 1980 was not secured by either Mr. Gibbs’ or Mrs. Gibbs’ interest in the property at issue.

Reversed.