Also known as: tenancy by the entirety · tenancy by entirety · entirety tenancy
Written by attorneys · grounded in primary & secondary sources — see below
A concurrent estate in which a married couple holds title to property as a single indivisible unit. Each spouse possesses the whole estate rather than a divisible share. The estate features an indestructible right of survivorship that passes title automatically to the surviving spouse upon the death of the other.
Thomas Thompson and Talia Torres held their home as tenants by the entirety while divorce proceedings were pending. Thomas executed a will leaving his interest in the home to a third party. When Thomas died before the divorce was final the home passed automatically to Talia by operation of law.
Tessa Takahashi and Tobias Thomas received a deed conveying land to them as husband and wife together with a designated class of their issue. The jurisdiction permits fee tail estates to be held in tenancy by the entirety when the conveyance meets the statutory conditions. The deed therefore created a tenancy by the entirety rather than a joint tenancy or tenancy in common.
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Tara Tran and Thaddeus Tran took title to real property under a conveyance that satisfied the requirements for tenancy by the entirety. Because the jurisdiction expressly allows that form of concurrent ownership the spouses hold the property with the protections of indivisibility and survivorship.
Thomas Thompson alone incurred a federal tax liability while holding real property with his wife as tenants by the entirety. The government sought to attach a lien to the property. Because neither spouse holds a separate alienable interest the lien could not attach to the entirety estate.
Talia Torres incurred a separate debt while she and her husband held their residence as tenants by the entirety. Her creditor obtained a judgment and sought to execute against the home. The court refused to permit a forced sale because the tenancy by the entirety protects the property from unilateral creditor action by one spouse.
Tessa Takahashi and Tobias Thomas held their home as tenants by the entirety when Tobias filed for divorce. Before the divorce became final Tobias died. Title passed by survivorship to Tessa rather than through probate or any pending property settlement.
No. Because each spouse holds the whole estate rather than a divisible share neither spouse may unilaterally encumber or alienate the property without the consent of the other. Any attempted lien or lease by one spouse alone is ineffective against the entirety estate.
No. The tenancy remains intact and the right of survivorship continues until the marriage is legally terminated by divorce or death. Title therefore passes automatically to the surviving spouse even if divorce proceedings are underway.
No. Property held in tenancy by the entirety passes outside of probate by operation of law to the surviving spouse. A will attempting to dispose of the property is ineffective absent wrongful conduct that would justify equitable relief such as a constructive trust.
The conveyance must run to two persons who are husband and wife and must also include the issue or a designated class of their issue. When those conditions are met the jurisdiction permits the estate to be held in tenancy by the entirety.
…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…