A form of concurrent property ownership available exclusively to married couples, treating them as a single legal unit. Each spouse owns the entire property (not a divisible share), and neither can unilaterally transfer or encumber the property. Includes automatic right of survivorship and creditor protection benefits.
Tenancy by the entirety is ownership by married couples where you each own 100% of the property, not half. Neither spouse can sell or mortgage it without the other's consent. When one dies, the survivor automatically owns it all—and creditors can't usually take it to pay one spouse's debts.
⏱ When you'll encounter this term
- Purchasing real estate as married couple
- Estate planning for asset protection
- Protecting family home from individual creditors
- Jurisdictions that recognize this ownership form
"When we bought our house, we took title as tenancy by the entirety. Years later, my husband got sued and lost. The creditor couldn't take our house because I owned it entirely too—they'd need a judgment against both of us to touch it."
⚖️ Compare: Tenancy by Entirety vs Joint Tenancy
Married couples only. Neither can act alone. Strong creditor protection. Both own 100%.
Any co-owners. Can be severed unilaterally. Limited creditor protection. Each owns fractional share.
💡 Did you know?
Tenancy by the entirety isn't recognized in all jurisdictions—it's available in about half of U.S. states and some other common law countries. Where it exists, it provides powerful creditor protection, making it difficult for one spouse's creditors to seize jointly-owned property.