Also known as: tenancy by the entireties · tenancy by entirety · tenants by the entirety · tenants by entireties · tenancy by the entirety
Written by attorneys · grounded in primary & secondary sources — see below
A concurrent estate in land held exclusively by a married couple under which each spouse owns the whole. Neither spouse may unilaterally alienate or encumber the property. The interest of a deceased spouse passes automatically to the survivor by operation of law.
Theo Thomas and Tessa Takahashi held their home as tenants by the entireties. While divorce proceedings were pending, Theo executed a will leaving his interest to a third party. Theo died before the divorce was final. Title passed automatically to Tessa by operation of law.
Timothy Tang and Tara Tran received a deed granting a conditional fee to them as husband and wife together with their issue. The jurisdiction recognizes both conditional fees and tenancy by the entireties. The deed satisfied the requirements for an entirety estate in the conditional fee.
Select any source to read its text and confirm it supports the definition.
Tiana Tan and Tanner Thompson purchased investment land as tenants by the entireties and rented it to third parties. They shared the gross rental receipts equally. Their arrangement did not form a partnership because mere co-ownership with shared returns does not establish that relationship.
Theo Thomas and Tessa Takahashi took title to land under a conveyance that the jurisdiction permits to create a conditional fee. Because the grantees were husband and wife, the present estate was held as tenants by the entireties.
Timothy Tang and Tara Tran held a conditional fee as tenants by the entireties. Timothy sought to compel partition. Each spouse possessed the same partition power that a fee-simple owner would hold in the same jurisdiction.
Tiana Tan and Tanner Thompson held a fee tail as tenants by the entireties. Tiana petitioned for partition. Each spouse held the same power to compel partition that a fee-simple owner would possess under local law.
No. The tenancy remains intact until the marriage ends. If one spouse dies before the divorce decree, title passes automatically to the survivor by operation of law.
Supporting sources
No. The interest of one spouse is not a severable share that a creditor may attach. The unified nature of the estate protects it from unilateral claims by creditors of either spouse.
Supporting sources
No. The property passes outside probate to the surviving spouse. A will attempting to devise the interest is ineffective absent wrongful conduct or unjust enrichment.
Supporting sources
The jurisdiction must allow both the conditional fee and tenancy by the entireties. The deed must run to two persons who are husband and wife together with their issue or a designated class of issue.
Supporting sources
No. Joint ownership of property, even with shared returns, does not by itself establish a partnership under the Uniform Partnership Act.
Supporting sources
…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…