Also known as: tenancy by the entirety · tenancies by the entirety · tenancy by entirety · entirety tenancy
Written by attorneys · grounded in primary & secondary sources — see below
A form of concurrent ownership available only to married couples in which each spouse holds an undivided interest in the entire property. The estate features a right of survivorship that passes title automatically to the surviving spouse upon the death of the other. Neither spouse may unilaterally alienate or encumber the property, and compulsory partition is unavailable.
Ethan Evans owned a residence with his wife Elena Estrada as tenants by the entirety. While divorce proceedings were pending Ethan executed a will devising his interest in the home to a third party. Ethan died before the divorce was finalized. Title passed automatically to Elena by operation of law.
Erika Echevarria and her husband Ezra Eastman received a deed conveying land to them and the heirs of their bodies in a jurisdiction recognizing estates tail. The conveyance satisfied the requirements for holding the estate as tenants by the entirety. Ezra's separate creditors could not reach any divisible share.
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Esther Eisenberg and her husband Ethan Evans took title under a deed granting property to them as husband and wife together with their issue. The jurisdiction permitted tenancy by the entirety. The couple held the present estate as a single marital unit immune from unilateral creditor claims.
Eileen Epstein held property with her husband as tenants by the entirety. The IRS attempted to attach a lien for the husband's unpaid taxes. The court determined that the husband's rights constituted property subject to the federal tax lien.
Elena Estrada died owning property held with her surviving spouse as tenants by the entirety. The estate sought to include the property in probate. The court held that the property passed outside probate to the survivor.
Ezra Eastman and his spouse acquired property during marriage in a jurisdiction recognizing tenancies by the entirety. After marital difficulties arose one spouse attempted to encumber the property unilaterally. The other spouse retained full protection of the entirety estate.
A will cannot dispose of property held as tenants by the entirety. Title passes by operation of law to the surviving spouse when the tenancy remains intact at death.
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The jurisdiction must recognize tenancy by the entirety as a concurrent form. The conveyance must run to two persons who are husband and wife together with their issue or a designated class of issue.
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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 creditor access.
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…49, 60 (1959): It is clear that the Married Women’s Act created an equality between the spouses in New Jersey, insofar as tenancies by the entirety are concerned. If, as we have previously concluded, the husband could alienate his right of survivorship at common law, the wife, by virtue of the act, can alienate her right of…