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:
State | Real Property | Personal Property |
---|---|---|
Alaska | Yes | Yes |
Arkansas | Yes | Yes |
Delaware | Yes | Yes |
District of Columbia | Yes | No |
Florida | Yes | Yes |
Hawaii | Yes | No |
Illinois | Yes | No |
Indiana | Yes | No |
Kentucky | Yes | No |
Maryland | Yes | Yes |
Massachusetts | Yes | No |
Michigan | Yes | No |
Mississippi | Yes | No |
Missouri | Yes | No |
New Jersey | Yes | No |
New York | Yes | No |
North Carolina | Yes | No |
Oklahoma | Yes | No |
Oregon | Yes | No |
Pennsylvania | Yes | Yes |
Rhode Island | Yes | No |
Tennessee | Yes | No |
Vermont | Yes | No |
Virginia | Yes | No |
Wyoming | Yes | Yes |
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.
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