Tenancy by the Entirety
Definition
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Example
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.
Exam Tip
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 Ownership Terms
Bundle of Rights
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.
Freehold Estate
A freehold estate represents ownership of real property with an indefinite duration.
Leasehold Estate
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
Life Estate
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Water Rights: Riparian and Littoral
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
Real Property vs. Personal Property
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Frequently Asked Questions
Test Your Ownership Knowledge
Practice with exam-style questions to make sure you can apply Tenancy by the Entirety and other ownership concepts.