Management At common law, the husband had exclusive right to manage marital property (see marital interest section below). Married Women’s Acts gave the woman equal rights with her husband to manage the property.
Most states hold that neither husband nor wife may sell or burden the property without the consent of the other spouse.
Creditors in most states cannot encumber a debtor spouse’s property while the other spouse is still living. If the debtor spouse dies first, the surviving spouse’s interest supersedes the creditor’s interest. Only if the debtor survives his spouse may the creditor’s claim be satisfied.
6. Personal Property The majority rule is that a tenancy by the entirety may exist with respect to personal property.