Tenancy By The Entirety in United States
Practical Information
Note: Some of this information was last updated in 1982
An estate held by husband and wife by virtue of title (in U.S. law) acquired by them jointly after marriage. Upon the death of either spouse, his or her interest automatically passes to the other by survivorship. A tenancy by the entirety cannot be terminated without the consent of both parties. Thus neither spouse can defeat the right of survivorship. A tenancy by the entirety cannot be terminated without the consent of both parties. Thus neither spouse can defeat the right of survivorship by mortgage (in U.S. law) or conveyance without the consent of the other. The courts do not look with disfavor upon a tenancy by the entirety as they do upon a joint tenancy (in U.S. law). Not all states recognize tenancy by the entirety, or “tenancy by the entireties,” as it is sometimes called. See also tenancy in common (in U.S. law).
What is Tenancy By The Entirety?
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