Tenancy By The Entirety

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Does Tenancy by the Entirety Apply to Your State?

Protect Your Estate Through Shared Ownership with a Spouse

Tenancy by the Entirety, or T by E, is a form of ownership where a married couple own undivided interest in a property.

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.

Tenancy by the Entirety in U.S. States, Districts, and Territories
States Tenancy by the Entirety Real Property Personal Property
Alabama No
Alaska Yes Yes Yes
Arizona No Community Property
Arkansas Yes Yes Yes
California No Community Property
Colorado No
Connecticut No
Delaware Yes Yes Yes
District of Columbia Yes Yes Yes
Florida Yes Yes Yes
Georgia No
Hawaii Yes Yes Yes
Idaho No Community Property
Illinois Yes Yes No
Indiana Yes Yes No
Iowa No
Kansas No
Kentucky Yes Yes No
Louisiana No Community Property
Maine No
Maryland Yes Yes Yes
Massachusetts Yes Yes Yes
Michigan Yes Yes No
Minnesota No
Mississippi Yes Yes Yes
Missouri Yes Yes Yes
Montana No
Nebraska No
Nevada No Community Property
New Hampshire No
New Jersey Yes Yes Yes
New Mexico No Community Property
New York Yes Yes No
North Carolina Yes Yes No
North Dakota Yes Yes No
Ohio No
Oklahoma Yes Yes Yes
Oregon Yes Yes No
Pennsylvania Yes Yes Yes
Rhode Island Yes Yes Yes
South Carolina No
South Dakota No
Tennessee Yes Yes Yes
Texas No Community Property
Utah No
Vermont Yes Yes Yes
Virginia Yes Yes Yes
Washington No Community Property
West Virginia No
Wisconsin No Community Property
Wyoming Yes Yes Yes

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.

Tenancy by the Entirety vs Joint Tenancy

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, only married couples can be tenants by the entirety.

Each spouse enjoys full rights to occupy and use real and personal property. They also retain 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.

Importantly, when property is held in tenancy by the entirety, any property from one spouse must be transferred to the surviving spouse. In comparison, a joint tenant can freely break their tenancy at any time.

Reach out to The Presser Law Firm for Asset Protection Assistance

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.

Contact The Presser Law Firm, P.A. online today or by calling (561) 953-1050 to reach someone who can help.

Does Tenancy by the Entirety Apply to Your State?

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