ABA Family Legal Guide

Home Ownership

Property Rights and Restrictions

Ownership Options

What is tenancy by the entirety?

If the co-owners are married to each other, at least one other option may be available, depending on the law of the state where the property (land) is located. This form is for married couples to share ownership as a tenancy by the entirety. Its roots lie in the common-law concept that a husband and wife are one legal entity. As with a joint tenancy, this form bears a right of survivorship; if one spouse dies, the surviving spouse continues to own the whole property.

In most states that still recognize this form, a husband and wife who purchase property together are considered tenants by the entirety unless the deed very specifically states that they are tenants in common (or joint tenants) and not tenants by the entirety. Otherwise, a deed saying "to John Smith and Mary Smith, his wife," creates a tenancy by the entirety.