The Real Estate Encyclopedia & Blog

Tenancy by the Entirety

by | Feb 13, 2026

In real estate law, tenancy by the entirety is a form of joint ownership available only to married spouses. Under this arrangement, each spouse is considered to own the entire property rather than a divisible share.

Tenancy by the entirety includes a right of survivorship, meaning that upon the death of one spouse, the surviving spouse automatically becomes the sole owner without the need for probate. This form of ownership also often provides protection against certain individual creditors of one spouse, depending on state law.