property

tenancy by the entirety

Tenancy by the entirety is a form of co-ownership available only to married couples in states that recognize it. Each spouse owns the whole property as a single unit, and there is a right of survivorship, so the surviving spouse automatically owns the property when the other dies. Neither spouse can sell or encumber the property alone, and in many states it is protected from creditors of only one spouse. Divorce typically converts it to a tenancy in common.

Exam tip
Key facts: married couples only, right of survivorship, neither spouse can act alone. Whether it exists, and its creditor protections, varies by state.
Example
A married couple takes title as tenants by the entirety. When one spouse dies, the other owns the home outright without probate.

Related terms & state variants

Sources

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Last verified: 2026-10-23