Land records · Parcel maps · October 5, 2026
What Is Tenancy by the Entirety? Married Couple Title
What is tenancy by the entirety? A way married couples can hold title in some states, with survivorship and protection from one spouse's creditors.
What is tenancy by the entirety? It is a form of joint ownership available only to married couples, and in some states to registered domestic partners or civil union partners. The law treats the couple as a single owner. When one spouse dies, the survivor automatically owns the whole property, and while both are alive, the property is generally protected from creditors of just one spouse. About half the states, plus the District of Columbia, recognize it, at least for real estate. This page is general land-records background, not legal advice.
The key features
- Married couples only. The owners must be legally married when they take title, or in a recognized partnership where state law extends it.
- Right of survivorship. On the first death, the survivor owns the property without probate.
- Neither spouse can act alone. One spouse generally cannot sell, mortgage, or transfer their share without the other’s signature.
- Creditor protection. In many states, a creditor of only one spouse cannot place a lien on or force the sale of entireties property. Joint debts of both spouses are a different matter.
How it differs from joint tenancy
| Tenancy by the entirety | Joint tenancy with right of survivorship | Tenancy in common | |
|---|---|---|---|
| Who can use it | Married couples (and partners in some states) | Anyone | Anyone |
| Survivorship | Yes | Yes | No |
| One owner can sell their share alone | No | Yes, which breaks survivorship | Yes |
| Protection from one owner’s creditors | Often yes | Limited | No |
Our joint tenancy vs tenancy in common guide covers the other two in more detail.
What ends a tenancy by the entirety
- Death of a spouse, leaving the survivor as sole owner.
- Divorce, which in most states converts the ownership to a tenancy in common, splitting each former spouse’s share.
- A joint transfer by both spouses, such as a sale or a deed to a trust.
How to tell if you own property this way
Look at the vesting language on your deed, usually right after the buyers’ names. Wording such as “husband and wife, as tenants by the entirety” or “as tenants by the entireties” is clear. In some states, a deed to a married couple is presumed to create a tenancy by the entirety unless it says otherwise, while in others it must be stated. See how to read a property deed for where vesting appears.
After a spouse dies
The surviving spouse already owns the property, but the public record still shows both names. To clean it up, the survivor usually records a death certificate, sometimes with an affidavit, at the county recorder. That makes later sales and refinancing smoother.
Planning considerations
Tenancy by the entirety avoids probate only on the first death. When the surviving spouse later dies owning the property alone, it may go through probate unless another plan is in place, such as a transfer on death deed or a trust. Moving property into a trust can affect creditor protection in some states, so it is worth getting advice before changing how title is held.
Finding the vesting in county records
The current deed, recorded with the county recorder or register of deeds, shows how title is held. The assessor’s record on the county parcel viewer, reachable through our county GIS map directory, often lists both names but rarely shows the form of ownership, so rely on the recorded deed for that detail.
What is tenancy by the entirety FAQ
Which states allow tenancy by the entirety?
About half of the states plus the District of Columbia recognize it, at least for real estate. Some extend it to domestic partners or civil union partners.
Can one spouse sell property held by the entirety?
Generally no. Both spouses must sign to sell, mortgage, or transfer the property.
Does tenancy by the entirety protect against creditors?
In many states, a creditor of just one spouse cannot reach entireties property. Joint debts of both spouses are not protected.
What happens to tenancy by the entirety after divorce?
In most states, it becomes a tenancy in common, with each former spouse owning a share.
Does tenancy by the entirety avoid probate?
On the first spouse’s death, yes. After the survivor dies, the property may go through probate unless other planning is in place.