Also known as: estates by entireties · estate by the entireties · tenancy by the entireties · tenancy by entirety
Written by attorneys · grounded in primary & secondary sources — see below
A concurrent estate in real property held by a husband and wife as a single legal unit. Each spouse owns the whole with an indestructible right of survivorship that passes the property to the survivor upon the death of the other.
Select any source to read its text and confirm it supports the definition.
Elena Estrada and Emanuel Escobar, a married couple, bought a crane as tenants by the entireties and rented it to builders while splitting gross receipts. They kept separate construction businesses with distinct clients and accounts. Because the statute provides that tenancy by the entireties does not by itself create a partnership, their arrangement remained mere co-ownership of property.
Elijah Edwards incurred a separate tort judgment. His wife Elise Everly held their home with him as tenants by the entireties. The creditor obtained no lien on the house during the marriage because the estate cannot be subjected to the separate debts of one spouse.
Emily Ellis and Enzo Eastwood held investment real estate as tenants by the entireties. After Emily's death the property passed automatically to Enzo by operation of the right of survivorship, bypassing her estate and any contrary directions in her will.
Yes. The estate cannot be subjected to the separate debts of one spouse only during the marriage.
No. The statute expressly states that tenancy by the entireties does not by itself establish a partnership even when co-owners share profits from the property.
The surviving spouse automatically receives full ownership through the right of survivorship without probate administration.
…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…