Also known as: estate by the entirety · tenancy by the entireties · tenancy by the entirety · entireties tenancy
Written by attorneys · grounded in primary & secondary sources — see below
A concurrent estate available only to married couples in which each spouse holds an undivided interest in the whole with a right of survivorship that passes title to the survivor by operation of law upon the death of the other spouse.
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Edward Everett and Emma Erickson held their home as tenants by the entirety. While divorce proceedings were pending Edward executed a will leaving his interest in the home to a third party. Edward died before the divorce was final. Title passed automatically to Emma by operation of law.
Eva Espinosa and her husband received a deed conveying land to them and the heirs of their bodies. The jurisdiction recognizes estates tail and tenancies by the entirety. The spouses hold the estate tail as tenants by the entirety.
Eileen Epstein and her husband purchased a crane as tenants by the entireties and rented it to third parties while splitting gross receipts. They maintained separate construction businesses. The arrangement did not create a partnership.
Edith Eberhardt and her husband took title to property in a jurisdiction that permits tenancies by the entirety. The deed ran to them as husband and wife. The spouses hold the property in that protected concurrent form.
Emanuel Escobar and his wife owned real property as tenants by the entirety. One spouse's individual creditor sought to attach his interest during the marriage. The creditor could not reach the property.
Eastern Electric held a tax claim against one spouse who owned real estate with his wife as tenants by the entirety. The government asserted a lien against the property. The lien did not attach to the entirety interest during the marriage.
Individual creditors generally cannot attach or levy on property held as tenants by the entirety during the marriage because each spouse owns the whole and the interest is not severable.
Supporting sources
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.
Supporting sources
Mere co-ownership as tenants by the entireties does not establish a partnership even when the owners share profits from the property.
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…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…