Tenancy by Entirety

Similar to Joint Tenancy with Rights of Survivorship, this form of ownership is only available to married couples and considers the husband and wife as one legal entity. If one dies, the surviving spouse receives full ownership of the property; the interests of the deceased does not go to any other heir unless both owners die. This form also provides an added legal protection: the property can only be sold to satisfy a judgment if both spouses signed the obligation. If, for example, only the wife signed a mortgage that went into default, the property cannot be sold--unless the husband also signed the mortgage note or a waiver of his rights. This form does not allow for a right of partition, any dissolution must be by mutual agreement or court order. For more information, see the "All About Leases" and "Title and Estates in Real Property" articles in the

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