Tenancy by the Entirety Attorneys
Protect Your Estate Through Shared Ownership with a Spouse
When concerned with the ownership of real property or personal property, tenancy by the entirety can look a lot like joint tenancy in that it permits undivided interest in the property for two parties. While the latter can apply in a non-martial situation, tenancy by the entirety is only available for married spouses.
Each spouse enjoys full rights to occupy and use real and personal property, and retains the right of survivorship to assume automatic and full control of it – bypassing probate – upon their spouse’s passing. Tenancy by the entirety also offers Asset Protection, as the assets of both spouses titled Tenancy by the entirety are not subject to the creditor of one spouse.
A tenancy by the entirety attorney from The Presser Law Firm, P.A. can help you establish this form of ownership over your home or other personal property. Doing so can help your spouse avoid probate or risk ownership due to competing interest from your heirs. Protect the one you love most by reaching out to us for help.
Does Tenancy by the Entirety Apply to Your State?
Tenancy by the entirety isn’t recognized in every U.S. state. In such states, the concept of community property (sometimes referred to as marital property) is used in its place. Community property is essentially any property that’s considered to be “owned by the marriage” because it was acquired or created during marriage.
The U.S. states, districts, and territories that recognize tenancy by the entirety include the following:
|States||Tenancy by the Entirety||Real Property||Personal Property|
|District of Columbia||Yes||Yes||Yes|
|New Mexico||No||Community Property|
DISCLAIMER: These codes may not be the most current version. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
Yes, You Can Lose Everything!
You may think that your wealth is safe and that you don't need protection. But don't delude yourself and accept reality — For every 60 minutes you spend making money, spend 60 seconds thinking about how to protect it!