Real Property: Concurrent Estates: Tenancy by the Entirety

Tenancy by the Entirety
  • Creation: husband and wife with right of survivorship.
    • In states to recognize it, it arises presumptively in any conveyance to husband and wife unless clearly stated otherwise.
    • Highly protected form of co-ownership = CAN’T TOUCH THIS
    • Creditors of only 1 spouse can’t reach it
  • Unilateral conveyance: Neither tenant, acting alone, can defeat the right of survivorship by unilateral conveyance to a 3rd party.