Tenancy by the Entirety

Tenancy by the entirety is a form of co-ownership open only to legally married couples, treating the two as a single legal unit that owns the whole property together. Like joint tenancy, it carries the right of survivorship, so the surviving spouse automatically takes full ownership when the other dies.

A key protection offered by tenancy by the entirety is that neither spouse can sell, encumber, or transfer their interest without the other’s consent, and creditors of only one spouse generally cannot place a lien on the property. This makes it a strong asset protection tool in jurisdictions that recognize it, though it is not available in all states or for commercial entities.