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What is tenancy by the entirety?

entirety tenancy
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What is tenancy by the entirety?

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A form of ownership by husband and wife whereby each owns the entire property. Neither spouse can deal the property without the consent of the other. One main benefit is that the creditors of one spouse cannot enforce against the property held in tenancy by entirety unless the non-debtor spouse dies first. In the event of death of one spouse, the survivor owns the entire property without the need for probate. However, it will be difficult to transfer the property if one spouse disappears or becomes incompetent since the other spouse cannot sever tenancy by entirety unilaterally.

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A. This form of ownership is basically the same as joint tenancy with right of survivorship (discussed above) but is limited to married couples. The phrase tenancy by the entirety or as tenants by the entirety must appear in the deed.

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