Also known as: estates by entirety · estate by the entirety · tenancy by the entirety · tenancy by entirety
Written by attorneys · grounded in primary & secondary sources — see below
An indivisible concurrent estate in which married spouses hold title to property as a single unit. Each spouse is seised of the whole with a right of survivorship that passes the entire interest to the survivor by operation of law upon the death of the other. The form prevents either spouse from unilaterally alienating or encumbering the property and bars compulsory partition during the marriage.
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Eric Espinoza and Elise Everly held their home as tenants by the entirety. While divorce proceedings were pending Eric executed a will devising his interest in the home to a third party. Eric died before the divorce was final and while still married. Title passed automatically to Elise by operation of law and the will had no effect on the property.
Edward Everett conveyed land to Elliot Edmonds and Eva Espinosa who were husband and wife together with their issue. The jurisdiction permitted fee tail estates to be held by the entirety when the conveyance ran to spouses and a designated class of their issue. The deed satisfied the statutory conditions and created an estate by the entirety in the couple.
Ella Emerson conveyed property to Eric Espinoza and Elise Everly husband and wife along with a designated class of their issue. The state statute expressly recognized tenancy by the entirety as a permitted form of concurrent ownership. The conveyance therefore created an estate by the entirety in the spouses.
Edward Everett and Elise Everly owned their residence as tenants by the entirety. A judgment creditor of Edward alone sought to attach the property to satisfy the separate debt. The court held that the creditor could not reach the entirety estate because neither spouse holds a severable share during the marriage.
Elliot Edmonds and Eva Espinosa held real property as tenants by the entirety. Elliot died leaving a will that attempted to devise his interest to a third party. Because the estate remained intact at death the entire interest passed directly to Eva outside of probate.
Eric Espinoza and Elise Everly owned their home as tenants by the entirety. The United States obtained a tax lien against Eric individually. The lien did not attach to the entirety property because the interest is not severable and the government could not reach the non-debtor spouse's rights.
No. Because the spouses hold the property as a single indivisible unit neither spouse may alienate or encumber any portion without the consent of the other. Any attempted unilateral encumbrance is ineffective against the non-consenting spouse.
No. Property held in an estate by the entirety is nonprobate property that passes automatically to the surviving spouse by operation of law. A will cannot dispose of the interest even if the testator attempts to devise it to a third party while divorce proceedings are pending.
…individual creditors. This issue is one of first impression in this jurisdiction. A brief review of the present state of the tenancy by the entirety might be helpful. Dean Phipps, writing in 1951,[^maj-1] pointed out that only nineteen states and the District of Columbia continued to recognize it as a valid and subsisting institution in…
…does not change status of property held by tenancy by entirety); Bernatavicius v. Bernatavicius , 259 Mass. 486, 489 (1927) (“A
…States v. National Bank of Commerce , 472 U. S. 713, 722. Pp. 278–279. (b) Michigan’s version of the common-law estate
…killed husband could not benefit from husband’s death and receive exempt property, widow’s allowance, property held as tenancy by the entirety
…in Fairclaw : Next to primogeniture, unity of husband and wife was perhaps the common law's most characteristic institution. Tenancy by entirety
No. The entirety estate is protected from the separate debts of either spouse because neither holds a severable fractional interest. A judgment lien against one spouse alone does not attach to the property during the marriage.
The estate arises when the jurisdiction permits the form and the deed conveys the property to two persons who are husband and wife together with their issue or a designated class of their issue. The marital status of the primary grantees and the inclusion of the issue class satisfy the statutory conditions.
No. Compulsory partition is inconsistent with the indivisible character of the estate and is unavailable during the marriage. After divorce the estate converts to a tenancy in common that is subject to partition.