Tenancy by the entirety
A form of joint ownership for married couples, available in about half the states. Similar to joint tenancy, but with extra protection from one spouse's individual creditors.
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Free to set up. No credit card.Part 1 of 4
Why a seller cares
In about half the states a married couple can hold a home as tenants by the entirety, which shields it from one spouse's individual creditors. Selling takes both signatures, and a judgment against one spouse usually does not attach.
Part 2 of 4
A simple example
You and your spouse hold the home as tenants by the entirety. A judgment against your spouse alone shows on the search, and the title company confirms it does not reach the home.
| The situation | What tenancy by the entirety does |
|---|---|
| Selling the home | Both spouses sign; neither can sell alone |
| A judgment against one spouse | Usually does not attach to the home |
| One spouse dies | The survivor owns the whole home without probate |
Entirety means one owner made of two people. Both act, and neither's creditors reach it alone.
Part 3 of 4
What people get wrong
That it is the same as joint tenancy. The survivorship is similar; the creditor protection is the difference.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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