Tenancy by the entirety is a form of property ownership for married spouses in some states, often including survivorship and special creditor rules.
Why tenancy by the entirety matters
Tenancy by the entirety matters because it can affect transfer at death, creditor claims, divorce, sale authority, and estate planning. In states that recognize it, one spouse may not be able to unilaterally sever or transfer the entire interest.
The rules are state-specific and depend heavily on deed language.
Where tenancy by the entirety appears
Tenancy by the entirety appears in deeds, title reports, estate planning, marital property disputes, creditor disputes, divorce cases, and real-estate closings.
Practical example
A married couple takes title to a home as tenants by the entirety. If one spouse dies, the surviving spouse may receive the property by survivorship.
How tenancy by the entirety differs from nearby terms
Tenancy by the entirety differs from joint tenancy because it is tied to marriage in states that recognize it. It differs from tenancy in common because it usually includes survivorship and different control rules.
Related terms
Quick knowledge check
Why is state law especially important for tenancy by the entirety?