Tenancy By The Entirety

This is a term that applies only to tenancy, or occupancy, of real property owned by a husband and wife. It is a simultaneous possession of real property in which both spouses hold an undivided ownership of the entire property as a single legal entity. This is combined with the right of survivorship. If one partner dies, the survivor is entitled to the deceased spouse's share. However, the partners must be husband and wife at the time that the title to the property is received. Tenancy by the entirety is automatically terminated by the death of one spouse or if they divorce. The spouses can also terminate it by mutual agreement. Tenancy by the entirety has legal advantages. That is because, in effect, each spouse owns the entire estate instead of just owning half. That means creditors of only one spouse cannot place a lien on the property.