tenancy by the entirety

Tenancy by the entirety is a form of joint ownership of property between a married couple. In this type of tenancy, both spouses own the property equally, and upon the death of one spouse, the surviving spouse automatically inherits the entire property. This right of survivorship cannot be defeated by one spouse selling their interest.

This form of ownership differs from joint tenancy because neither spouse can unilaterally sell their interest to exclude the other's survivorship right. While historically significant, many jurisdictions have introduced laws, such as elective shares, that allow a spouse to claim a portion of the deceased partner's estate, modifying the absolute nature of tenancy by the entirety.1