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Tenancy by the entirety

Tenancy by the entirety is a form of co-ownership available only to married spouses that includes survivorship and protections tied to the marriage.

Direct answer

What does tenancy by the entirety mean?

Tenancy by the entirety is a form of co-ownership available only to married spouses that includes survivorship and protections tied to the marriage.

Exam cue: In New York, a deed to a married couple creates a tenancy by the entirety unless the deed expressly says otherwise. Divorce generally converts it to a tenancy in common.

What does it look like in a question?

Example

Married buyers receive a deed conveying the home to them as tenants by the entirety.

Common exam trap

What should you not confuse it with?

It is not available merely because two owners are related or live together.

Related property rights and title terms

DeedA deed is a written instrument used to transfer an interest in real property.EasementAn easement is a nonpossessory right to use another person's land for a stated purpose.EncroachmentAn encroachment is a physical improvement that crosses a property line or intrudes into another protected area.Fee simpleFee simple is the broadest private ownership estate, potentially lasting indefinitely and subject to government powers and private restrictions.FixtureA fixture is an item that began as personal property but is treated as part of the real property because of attachment, adaptation and intent.Joint tenancyJoint tenancy is concurrent ownership that includes a right of survivorship when it is properly created.
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