Also known as: estate by the entireties · tenancy by the entirety · tenancies by the entirety · entireties estate
Written by attorneys · grounded in primary & secondary sources — see below
A form of concurrent ownership by which a married couple holds property as a single legal unit. The estate features an indestructible right of survivorship that passes title to the surviving spouse by operation of law upon the death of the other. Neither spouse may unilaterally alienate or encumber the property, and compulsory partition is unavailable while the marriage and the estate remain intact.
Evelyn Ellison and her husband held their home as tenants by the entirety. While divorce proceedings were pending, Evelyn executed a will devising her interest in the house to a third party. Evelyn died before the divorce was final. Title passed automatically to her surviving husband by operation of law, rendering the devise ineffective.
Esme Ellington and her husband received a deed conveying land to them as husband and wife and to the heirs of their bodies. The jurisdiction recognizes estates tail and permits tenancy by the entirety. The conveyance created an estate tail held by the spouses as tenants by the entirety, so neither could unilaterally transfer a separate share.
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Emma Erickson and her husband took title under a deed granting property to them as husband and wife together with their issue. The state allows tenancy by the entirety as a concurrent form. The deed satisfied the statutory conditions, creating an indivisible entirety estate that barred one spouse from encumbering the land alone.
Enzo Eastwood and his wife owned their residence as tenants by the entirety. The IRS attempted to attach a federal tax lien arising solely from Enzo's unpaid taxes. Because the interest constituted property under federal law, the lien attached to the entirety estate despite state-law restrictions on unilateral creditor reach.
Ella Emerson and her husband held real property as tenants by the entirety. After the husband died, Ella claimed sole ownership outside probate. The court confirmed that the survivorship feature transferred full title to her by operation of law, excluding any testamentary disposition attempted by the decedent.
Ethan Evans and his wife owned their home as tenants by the entirety. A creditor holding a judgment against Ethan alone sought to reach the property. The court held the separate debt could not subject the entirety estate to execution because the spouses hold the property as one legal unit.
The estate arises when a conveyance runs to two persons who are husband and wife and includes their issue or a designated class of issue, provided the jurisdiction recognizes the form. The deed language must satisfy both the marital status of the grantees and the inclusion of the specified class of descendants.
No. Because the spouses hold the property as a single legal unit, any alienation or lien requires the participation of both spouses while the marriage and the estate continue. A separate attempt by one spouse is ineffective against the entirety interest.
No. The property passes outside probate to the surviving spouse by operation of law. Even a will executed during pending divorce proceedings cannot dispose of the asset if the tenancy remains intact at death.
Compulsory partition is unavailable. The indestructible survivorship right is inconsistent with partition, so a court will not order a sale or division at the request of one spouse while the marriage endures.
…49, 60 (1959): It is clear that the Married Women’s Act created an equality between the spouses in New Jersey, insofar as tenancies by the entirety are concerned. If, as we have previously concluded, the husband could alienate his right of survivorship at common law, the wife, by virtue of the act, can alienate her right of…