Also known as: entireties doctrine · tenancy by the entireties · tenancy by entireties
Written by attorneys — see sources below.
A form of concurrent ownership available only to married couples under which each spouse holds title to the whole property with a right of survivorship. Neither spouse may unilaterally convey or encumber the property during the marriage, and creditors of one spouse generally cannot reach the asset to satisfy individual debts.
Delilah Duran and Damian Decker, a married couple, purchased a crane as tenants by the entireties and rented it to third parties while splitting gross receipts. Their arrangement involved joint decisions on rates and maintenance but no integration of separate businesses. Because the doctrine of entireties governs their ownership, the shared use and returns do not create a partnership under the statute.
Doris Duffy and Dominic Drake held their home as tenants by the entireties. After an accident, Dominic conveyed the property to their sons without consideration. The doctrine of entireties prevented creditors from reaching the asset to satisfy the judgment against Dominic alone, leaving the transfer subject to challenge only on other grounds.
On November 30, 1968, Masako Sawada and Helen Sawada were injured when struck by a motor vehicle operated by Kokichi Endo. On that date Kokichi Endo owned a parcel of real property in Wahiawa, Oahu, Hawaii, as a tenant by the entirety with his wife Ume Endo. On June 17, 1969, Helen Sawada filed her complaint for damages against Kokichi Endo. Masako Sawada filed her suit against him on August 13, 1969. The complaint and summons in each case was served on Kokichi Endo on October 29, 1969. By deed dated July 26, 1969, Kokichi Endo and Ume Endo conveyed the Wahiawa property to their sons Samuel H. Endo and Toru Endo. The deed was recorded in the Bureau of Conveyances on December 17, 1969. No consideration was paid by the grantees. Both sons were aware at the time of the conveyance that their father had been involved in an accident and that he carried no liability insurance. Kokichi Endo and Ume Endo continued to reside on the premises. On January 19, 1971, after a consolidated trial on the merits, judgment was entered in favor of Helen Sawada and against Kokichi Endo in the sum of $8,846.46. At the same time Masako Sawada was awarded judgment on her complaint in the amount of $16,199.28. Ume Endo died on January 29, 1971. After being frustrated in their attempts to obtain satisfaction of judgment from the personal property of Kokichi Endo, the Sawadas brought suit to set aside the conveyance. The trial court refused to set aside the conveyance, and the Sawadas appealed.
View caseNo. The doctrine treats the ownership as a marital unity that does not by itself establish co-ownership of a business for profit. Sharing gross returns from the property likewise fails to create a partnership.
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No. Each spouse owns the whole estate, so any conveyance requires both spouses to join. A unilateral deed is ineffective during the marriage.
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Creditors of one spouse cannot force a sale or attach the asset because the non-debtor spouse holds an indivisible interest. Only joint creditors or claims against both spouses can reach the property.
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Yes. The code expressly preserves the law governing tenancy by the entireties and does not alter its incidents such as the right of survivorship.
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…Sawadas appeal. I The determinative question in this case is, whether the interest of one spouse in real property, held in tenancy by the entireties, is subject to levy and execution by his or her individual creditors. This issue is one of first impression in this jurisdiction. A brief review of the present state of the tenancy by the…