Tenancy by the entirety is a special form of property ownership available to married couples. It protects property from creditors of just one spouse, but only if the state recognizes this form of ownership.

Not all states allow tenancy by the entirety, and some states limit it to real estate only, while others also allow it for personal property like bank accounts.

The chart below outlines which states recognize tenancy by the entirety and what types of property it applies to:

StateReal PropertyPersonal Property
AlaskaYesYes
ArkansasYesYes
DelawareYesYes
District of ColumbiaYesNo
FloridaYesYes
HawaiiYesNo
IllinoisYesNo
IndianaYesNo
KentuckyYesNo
MarylandYesYes
MassachusettsYesNo
MichiganYesNo
MississippiYesNo
MissouriYesNo
New JerseyYesNo
New YorkYesNo
North CarolinaYesNo
OklahomaYesNo
OregonYesNo
PennsylvaniaYesYes
Rhode IslandYesNo
TennesseeYesNo
VermontYesNo
VirginiaYesNo
WyomingYesYes

Important Notes About Tenancy by the Entirety

Each state may have its own specific rules about how tenancy by the entirety is created. Some states automatically assume property is owned this way if titled jointly by spouses; others require specific language in the deed or account documents.

Gideon Alper

About the Author

Gideon Alper is an attorney who specializes in asset protection planning. He graduated with honors from Emory University Law School and has been practicing law for almost 15 years.

Gideon and the Alper Law firm have advised thousands of clients about how to protect their assets from creditors.

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