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
- Joint Tenancy vs Tenancy in Common: Survivorship, Shares and How the Deed DecidesJoint tenants have a right of survivorship; tenants in common do not. How the deed language decides which one you hold, with the Florida and Arizona rules.
- Judgment Liens: How a Court Judgment Attaches to Real PropertyA money judgment becomes a lien on real property only once it is docketed in the county. How attachment, duration, renewal and name indexing work.
- Florida Judgment Lien: How It Attaches, How Long It Lasts and How to Search ItFlorida has two judgment lien systems: a recorded judgment in county official records for land, and a Department of State certificate for personal property.
Related terms
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.