Tenancy by the Entireties Protection Weakened: The Craft Case + Cook Islands / Nevis Update

Tenancy by the entireties (“TBE”) is a form of joint ownership which is created during marriage and which can only exist between spouses. Among the traditional legal characteristics of TBE is that one spouse cannot mortgage, sell or otherwise dispose of any portion of the property without the joinder of the other spouse, as the property is deemed to be owned by the marital unit and not by either spouse individually.

The Cook Islands Stand Up to the U.S.

The Andersons established a Cook Islands Trust and funded it with (among other assets) commissions earned in connection with marketing late-night water-filled dumbbells and similar products. The Federal Trade Commission (“FTC”) sought to freeze the Anderson’s assets (along with the assets of others involved in the program) and found, to its dismay, that it could not freeze the Anderson’s assets because they were safely tucked away in a Cook Islands Trust.