keg411 wrote:I want to block this crap out of my mind, but....
Pretty sure spouses can't unilaterally a TBE, which is, I think what the question was getting at. (So even if the lien could attach on H's 1/2, which I'm not totally sure I got that part right, creditor can't get a partition).
Okay and that's all the post mortem for me.
I believe b/c NY follows the lien theory of mortgages, the following applies (from Seperac 2005):
NY Distinctions – Tenancy by the Entirety
1 spouse may mortgage his interest & his creditors may enforce against that interests, BUT only as to the debtor spouse’s share
Non-debtor spouse’s rights, including the right of survivorship, must not be compromised