In Virginia, tenancy by the entirety:
Question & Answer
Review the question and all answer choices
Is not recognized
Virginia does recognize tenancy by the entirety — stating it is 'not recognized' directly contradicts Virginia Code Section 55.1-136 and decades of Virginia case law affirming this form of marital property ownership.
Is available only to married couples
Can be held by any two people
Tenancy by the entirety cannot be held by 'any two people' — it is legally restricted to married couples in Virginia; two unmarried co-owners who wish to hold property jointly must use joint tenancy or tenancy in common instead.
Requires court approval
No court approval is required to create a tenancy by the entirety in Virginia; it is created by deed when a married couple takes title together with appropriate language or intent, and the process is no more complex than any other form of deed conveyance.
Why is this correct?
Answer B is correct because Virginia Code Section 55.1-136 and established Virginia common law both recognize tenancy by the entirety as a form of ownership available exclusively to married couples, created when a husband and wife take title jointly with the intent to hold as tenants by the entirety. The ownership interest is treated as a unified whole, providing both survivorship rights and creditor protection that would not be available under joint tenancy or tenancy in common.
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