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Real Property • Concurrent Estates
PROP#052
Legal Definition
A tenancy by the entirety is a marital estate similar to a joint tenancy, and it presumptively arises from a conveyance to a husband and wife. Only (1) death, (2) mutual agreement, or (3) execution by a joint creditor of both spouses can sever it. A deed or mortgage by only one spouse is ineffective.
Plain English Explanation
As you've learned in other cards, in order to create a joint tenancy, you must satisfy the 4 unities (time, title, interest, and possession). However, in some jurisdictions (not community property states) if someone conveys an estate to a husband and wife, there is a default presumption that the husband and wife will hold a tenancy by the entirety, which includes a right of survivorship.
The only way to sever a tenancy by the entirety is (1) for one of the spouses to die; (2) for both spouses to agree to sever the tenancy by the entirety; or (3) severance initiated via a creditor who is owed a debt by both spouses.
The only way to sever a tenancy by the entirety is (1) for one of the spouses to die; (2) for both spouses to agree to sever the tenancy by the entirety; or (3) severance initiated via a creditor who is owed a debt by both spouses.
Visual Aids
Related Concepts
In assessing the rights and duties of co-tenants, are encumbrances allowed?
In assessing the rights and duties of co-tenants, what are rents and profits?
In assessing the rights and duties of co-tenants, what is a judicial partition?
In assessing the rights and duties of co-tenants, what is contribution?
In assessing the rights and duties of co-tenants, what is possession?
What are the rights and duties of co-tenants?
What effect does a testamentary disposition have on a joint tenancy with right of survivorship?
What is a concurrent estate?
What is a tenancy in common?
What is required to establish a joint tenancy with right of survivorship?
What is the result of a joint tenancy that is severed?
Which type of transactions may not result in severance of a joint tenancy?
