We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Per Tout Et Non Per My: A Key Concept in Property Law
Definition & Meaning
The phrase per tout et non per my is derived from French law and translates to "by the whole and not by the half." It refers to a legal concept in property ownership, particularly in joint tenancies or tenancies by the entirety. In such arrangements, individuals or partners hold an undivided interest in the entire property rather than a separate interest in a specific portion. This means that no single owner can act independently to sell or transfer their share of the property without the consent of the other owner.
Table of content
Legal Use & context
This term is primarily used in property law, particularly in the context of joint ownership arrangements such as joint tenancies and tenancies by the entirety. It is relevant in various legal areas, including:
Family law, where property ownership may be shared between partners.
Civil law, particularly in real estate transactions and disputes.
Understanding this term is crucial for individuals considering joint property ownership, as it affects rights and responsibilities regarding the property. Users can manage related legal documents using templates available through US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: Two partners buy a house together as joint tenants. They both have equal rights to the entire property and cannot sell their share without the other's agreement.
Example 2: A married couple owns their home as tenants by the entirety. If one spouse wants to sell their interest, they must obtain the other spouse's consent. (hypothetical example)
State-by-state differences
State
Joint Tenancy Rules
Tenancy by the Entirety Rules
California
Allows joint tenancy with right of survivorship.
Not recognized.
Florida
Allows joint tenancy with right of survivorship.
Recognizes tenancy by the entirety for married couples.
New York
Allows joint tenancy with right of survivorship.
Recognizes tenancy by the entirety for married couples.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Joint Tenancy
Ownership by two or more persons with equal rights.
Includes right of survivorship; can be severed by one owner.
Tenancy by the Entirety
Ownership by married partners with equal rights.
Cannot be severed without consent; offers protection from creditors.
Common misunderstandings
What to do if this term applies to you
If you are considering joint ownership of property, it is important to understand the implications of per tout et non per my. Here are steps to take:
Discuss ownership arrangements with your partner to ensure mutual understanding.
Consult legal resources or templates available through US Legal Forms to draft necessary agreements.
If complexities arise, consider seeking professional legal advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.