Real estate title glossary

What is tenancy by the entirety?

Definition

Tenancy by the entirety is a form of joint ownership available only to married couples in some states, with a right of survivorship and protection from creditors of only one spouse.

Neither spouse can sell or mortgage their interest alone. Roughly half the states recognize it, including New York, Florida, Pennsylvania and North Carolina; Florida presumes it for real property deeded to spouses.

How it shows up in a title search

A judgment against one spouse generally does not attach to entireties property, so a search notes the form of vesting before treating such a judgment as a lien on the house.

Guides that go deeper

Source: Legal Information Institute, Wex: tenancy by the entirety. Plain-English summary of general US usage; state law varies, and this is not legal advice.