The following events took place in a state that does not recognize common law marriage. The state does recognize the common law estate of tenancy by the entirety and has no statute on the subject. Wade Sloan and Mary Isaacs, who were never formally married, lived together over a sevenyear period. During this time Mary identified herself as "Mrs. Sloan" with the knowledge and consent of Wade. Wade and Mary maintained several charge accounts at retail stores under the names "Mr. and Mrs. Wade Sloan," and they filed joint income tax returns as Mr. and Mrs. Sloan. Within this period Wade decided to buy a home. The deed was in proper form and identified the grantees as "Wade Sloan and Mary Sloan his wife, and their heirs and assigns forever as tenants by the entirety." Wade made a down payment of $10,000 and gave a note and mortgage for the unpaid balance. Both Wade and Mary signed the note and mortgage for the unpaid balance. Both Wade and Mary signed the note and mortgage as husband and wife. Wade made the monthly payments as they became due until he and Mary had a disagreement and he abandoned her and the house. Mary then made the payments for three months. She then brought an action against Wade for partition of the land in question. The prayer for partition should be
denied, because a tenant by the entirety has no right to partition  denied, because Wade has absolute title to the property.  granted, because the tenancy by the entirety that was created by the deed was severed when Wade abandoned Mary.  granted, because the estate created by the deed was not a tenancy by the entirety.