ABA Family Legal Guide

Home Ownership

Property Rights and Restrictions

Ownership Options

What if one spouse wants to transfer a half interest to someone else during the marriage?

The ability to do so depends on where the couple lives. In most states that recognize tenancy by the entirety, one spouse's interest may be transferred, whether by sale or gift, only if both spouses sign the deed. However, in some states, either spouse may transfer his or her interest--including the right to survivorship. Therefore, it is important to know what law applies in your state.