Tenancy by the entirety is similar to joint tenancy with the added protection that neither spouse can sell, transfer, or mortgage the property without the other spouse's consent. This provides protection from individual creditors—if only one spouse has a judgment or debt, creditors generally cannot force the sale of the property. Both spouses must agree to any transfer. The tenancy is automatically severed by divorce, typically converting to a tenancy in common.
A married couple owns their home as tenants by the entirety. When the husband incurs a business debt, creditors cannot place a lien on the home because the debt belongs to only one spouse. If the couple divorces, the tenancy by the entirety automatically converts to a tenancy in common.
Available ONLY to married couples (not all states recognize it). Key protection: individual creditors of one spouse cannot force sale. Neither spouse can act alone—both must consent to any transfer. Divorce converts to tenancy in common. Compare with joint tenancy where any owner can sever unilaterally.
Related Terms
Related Concepts
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
A freehold estate represents ownership of real property with an indefinite duration.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
Frequently Asked Questions
Study This in Your State
Tenancy by the Entirety may have state-specific rules. Choose your state to study Property Ownership with localized content: