Definition
Tenancy by the entirety is marital co-ownership where both spouses own the whole property (not fractional shares) with survivorship and mutual possession rights.
Not sure where this fits?
Answer a few questions and we’ll open the path that fits, at the right step.
Find my pathAbout this term
Tenancy by the entirety is a specialized form of ownership that exists in some states, available only to married couples. Both spouses own the whole property (not fractional shares), and neither can transfer or encumber their interest without the other's consent. Upon death, the surviving spouse automatically owns the entire property. This form provides creditor protection and ensures equal ownership. Many states have eliminated tenancy by the entirety or restricted its use.
Pro Tip
Understand your state's rules on tenancy by entirety. It varies by jurisdiction.
Example
The married couple held the house as tenancy by the entirety in a state allowing this form.