What Is Tenants by the Entirety?

Tenants by the entirety is a form of ownership available only to married couples in Florida and some other states. The law treats the couple as a single unit, so each spouse owns the whole property rather than a separate share. It includes the right of survivorship, so when one spouse dies, the surviving spouse owns the property without probate.

In Florida, a deed to a married couple is generally presumed to create a tenancy by the entirety. A spouse who owns property alone can create one by deeding it to both spouses.

Its main feature is protection from creditors of only one spouse. A creditor with a judgment against just one spouse generally cannot reach property held this way. Debts owed by both spouses together are not protected.

For example, John and Sarah, a married couple, buy a home as tenants by the entirety. If John dies, Sarah becomes the sole owner without probate. While they are married, a judgment creditor of only John or only Sarah generally cannot force a sale of the home.

If the couple divorces, Florida law converts the ownership to a tenancy in common.

Pros:

• Protection from creditors of only one spouse.

• Designed to pass to the surviving spouse without probate.

• Neither spouse can sell or mortgage the property alone.

Cons:

• Only for married couples.

• Joint debts and some federal tax liens can still reach the property.

• Both spouses must sign to sell or refinance.

• Becomes a tenancy in common on divorce.