Also known as: tenancy by the entirety · tenancies by entirety · tenancy by the entireties · entireties tenancy
Written by attorneys · grounded in primary & secondary sources — see below
A concurrent estate in real property held by a married couple in which each spouse owns the whole with right of survivorship. Title passes automatically to the survivor upon one spouse's death and the estate cannot be severed by unilateral conveyance or partition absent divorce or other termination of the marital unity.
Theo Thomas and Tara Tran held their home as tenants by the entirety. 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 by operation of law to Tara and the will had no effect on the property.
Tabitha Taylor and Tanner Thompson received a deed granting a fee tail estate to them as husband and wife and their issue. The jurisdiction permits such estates to be held in tenancy by the entirety. The conveyance satisfied the statutory conditions and created the protected marital estate.
Select any source to read its text and confirm it supports the definition.
Tessa Takahashi and Timothy Tang held a commercial building as tenants by the entirety and shared rental income. They maintained separate businesses and never agreed to carry on a joint enterprise. The shared ownership and gross returns did not create a partnership under the statute.
Titan Industries conveyed property to a married couple and their designated class of issue. The jurisdiction recognizes tenancy by the entirety as a permitted concurrent estate. The deed therefore created the protected marital form rather than a tenancy in common.
A husband owed federal taxes while he and his wife held their home as tenants by the entirety. The IRS asserted a lien against the property. The Court held that the husband's rights in the entirety estate constituted property reachable by the federal tax lien.
A married couple held frozen pre-embryos under an agreement while owning other property as tenants by the entirety. After divorce the court treated the marital unity as terminated. The former spouses could no longer claim the indestructible survivorship features of the entirety estate.
No. If the testator dies while still married and the tenancy remains intact, title passes by operation of law to the surviving spouse. A will cannot dispose of the property and equity will not impose a constructive trust absent wrongful conduct.
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The conveyance must be made to two persons who are husband and wife and must also include the issue or a designated class of the issue of those two persons. Both conditions must be satisfied for the protected estate to arise.
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No. Joint tenancy, tenancy in common, tenancy by the entireties, or part ownership does not by itself establish a partnership even when the co-owners share profits from the property.
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Divorce terminates the marital unity that defines the estate. The former spouses hold the property as tenants in common and either may seek partition.
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Yes. The rights of a tenant by the entirety constitute property or rights to property under federal tax lien statutes even though state law may limit creditors of one spouse.
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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…