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Tenancy by the entirety

National Real Estate Exam glossary · Property Ownership

Definition

A form of co-ownership available only to a married couple, treating the spouses as a single legal unit with a right of survivorship. Neither spouse may convey or encumber a separate share, and creditors of one spouse generally cannot reach the property—features that distinguish it from joint tenancy.

Tenancy by the entirety in plain English

This is a special way for a married couple to own a home together where the law treats the two spouses as one single owner, not two half-owners. Because of that, neither one can secretly sell or borrow against their 'share' — there are no separate shares to grab — and if one spouse racks up a personal debt, that creditor usually can't force a sale of the home to get paid. It also has a 'right of survivorship,' meaning if one spouse dies, the other automatically owns the whole thing. Picture two people signing as a single team rather than as two individuals — that unity is what makes it stronger than ordinary joint ownership.

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Tenancy by the entirety is a specialized form of co-ownership that is available only to which group of people?

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