Tenancy by the entirety

What it means

Tenancy by the entirety treats the couple as a single owner. Neither spouse can transfer or encumber the property alone, and on a death the survivor simply owns it.

In many of the states that recognize it, a creditor of one spouse alone cannot reach the property.

It is not available everywhere, and where it is, some states allow it only for real estate.

Why it matters

It is the strongest of the survivorship arrangements for a married couple, and it keeps the family home out of probate on the first death.

The creditor protection is the part the name gives no hint of, and it can matter a great deal when one spouse has business or medical debts.

When you are likely to meet it

• When reading a deed for a married couple's home.
• When one spouse has creditors and the other does not.
• When a married couple buys property.

How this varies by state

Whether a state recognizes tenancy by the entirety, whether it extends beyond real estate, and how far the creditor protection reaches are all set by state law.

Related terms

• Community propertyIn some states, most of what a married couple acquires during the marriage belongs to both of them equally, whatever the paperwork says.
• Joint tenancy with right of survivorshipA way two or more people own something together where, when one dies, the others simply own it — with no probate.
• Non-probate assetSomething that passes to a new owner automatically, without a court.
• Secured and unsecured debtWhether a debt is attached to a particular thing. It decides who has to be paid, in what order, and what happens if the estate cannot pay everyone.
• Right of survivorshipA form of shared ownership where the survivor automatically takes the whole thing.
• Tenancy in commonCo-ownership where each owner has their own share, and that share passes to their heirs rather than to the other owners.

Sahvelo guidance that uses this

• Do I need probate?