Tenancy by Entirety

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Definition of "Tenancy by Entirety"

Tenancy by entirety is a form of ownership by husband and wife whereby each owns the entire property. Neither spouse can deal with the property without the consent of the other. One main benefit is that the creditors of one spouse cannot enforce against the property held in tenancy by entirety unless the non-debtor spouse dies first. In the event of death of one spouse, the survivor owns the entire property without the need for probate. However, it will be difficult to transfer the property if one spouse disappears or becomes incompetent since the other spouse cannot unilaterally sever tenancy by entirety.

"Tenancy by Entirety" is referred to in the following legal documents:

Quitclaim Deed

Warranty Deed

See also:

Tenancy at Sufferance

Tenancy in Common