CONDO OWNERSHIP
From Listings to Living
A week before closing, the title company emails a married couple a short question: how do you want to take title? The choices listed are tenants by the entirety, joint tenants with right of survivorship, or tenants in common. The couple has spent months on the price, the inspection and the loan, and nobody has explained these words.
So what does tenants by the entirety mean? It is a form of joint ownership available only to married couples, in which the spouses own the property together as a unit. Each spouse has an undivided interest in the whole, the survivor automatically owns everything when one spouse dies, and neither spouse can sell or mortgage the property without the other. In many of the states that recognize it, a creditor of only one spouse cannot reach the property.
That last feature is the reason couples ask about it, and it has limits. It exists in about half the states, a debt both spouses owe can still reach the home, the IRS can attach a federal tax lien to one spouse's interest, and divorce ends it. This guide covers each of those, then how to put title in this form. A title company or a real estate attorney in your state should confirm the wording on your deed.
Leevli Editorial Team
The phrase on a deed, "as tenants by the entirety," tells the world how the owners hold title. Cornell Law School's Wex legal dictionary describes it as a form of shared ownership "available only to married couples," in which each spouse has an undivided interest, a right of survivorship and full rights to use the property, and in which spouses cannot transfer their interest without the other's consent.
The traditional requirements are often called the unities. An August 2026 state-by-state guide from Alper Law, an asset protection firm, summarizes the common law version as spouses taking property "at the same time, in the same deed, holding equal interests and equal possession while married." Put in the usual vocabulary:
The first four are shared with joint tenancy. Marriage is what turns a joint tenancy into a tenancy by the entirety, and it is why the law treats the couple, rather than either spouse, as the owner. The form works for any real property a state allows it on, including a condo unit, which is real estate you own outright as explained in what a condo is.
The answer to what does tenants by the entirety mean changes at the state line. Not every state allows it, and the states that do disagree on what it covers. Alper Law's chart, marked current as of August 2026, counts 24 states plus the District of Columbia. Treat any count as a starting point and confirm your own state's rules with a local attorney, because courts and legislatures keep adjusting the edges.
| Category in the Alper Law chart | States |
|---|---|
| Real and personal property | Arkansas, Delaware, District of Columbia, Florida, Hawaii, Maryland, Missouri, New Jersey, Oklahoma, Pennsylvania, Tennessee, Virginia, Wyoming (Delaware, Maryland and Wyoming only under conditions such as intent or account titling) |
| Real property only | Alaska, Illinois (homestead only), Indiana, Kentucky (only where the deed expressly provides survivorship), Massachusetts, Oregon |
| Real property plus narrow personal property | Michigan (bonds, stock certificates, mortgages and notes), New York (cooperative apartment shares), North Carolina (mobile homes) |
| Real property, personal property unsettled | Mississippi, Rhode Island, Vermont |
The same guide says Ohio abolished new tenancies by the entirety going forward, and that in Connecticut, Maine, New Hampshire and Utah a deed using the phrase creates a severable joint tenancy instead. Several recognizing states also weaken the protection: according to the chart, Massachusetts protects only the non-debtor spouse's principal residence, Oregon lets a creditor reach the debtor spouse's interest and half the rents and profits, and Alaska and Kentucky let a creditor reach parts of the debtor spouse's interest.
Some states make it the default. New York's Estates, Powers and Trusts Law 6-2.2 says a disposition of real property to spouses "creates in them a tenancy by the entirety, unless expressly declared to be a joint tenancy or a tenancy in common," and applies the same presumption to cooperative apartment shares transferred to spouses on or after January 1, 1996. A married couple buying a co-op in Brooklyn Heights holds it this way unless their documents say otherwise. Alper Law reports that Florida presumes entireties ownership for real estate and joint bank accounts held by spouses as well.
The three forms answer the same questions differently. The table uses the general rules; your state may vary them.
| Question | Tenancy by the entirety | Joint tenancy with right of survivorship | Tenancy in common |
|---|---|---|---|
| Who can use it | Married couples only | Two or more people | Two or more people |
| Shares | The couple owns the whole together | Equal | Can be unequal, such as one-third and two-thirds |
| On an owner's death | Survivor owns everything | Surviving joint tenants absorb the share | Share passes under the owner's will or estate, not to the co-owners |
| Can one owner transfer alone? | No, both spouses must consent | Depends on the state; California lets one joint tenant sever alone, which ends survivorship for that share | Yes, each share can be freely transferred |
| Creditor of one owner | Often blocked, depending on the state | No special protection from this form | No special protection from this form |
| Effect of divorce | Ends; Florida converts it to tenancy in common | Not ended by the divorce itself; the decree or a new deed decides | Not ended by the divorce itself; the decree or a new deed decides |
The transfer row is the practical difference between tenants by the entirety vs joint tenancy. In California, which does not appear on the Alper list, Civil Code 683.2 lets a joint tenant sever the joint tenancy as to their own interest without the other joint tenants' joinder or consent, by a deed to someone else or a written instrument showing intent to sever, which must generally be recorded to cut off the others' survivorship. A tenant by the entirety has no such unilateral exit. For tenancy in common, Cornell's Wex entry notes that shares may be unequal, each can be freely transferred, and there is typically no right of survivorship.
The tenancy by entirety spouse protection works because, in the recognizing states that apply it fully, the property belongs to the marriage, not to either spouse alone. A creditor holding a judgment against one spouse, from a business debt, a car accident or a personal guarantee, typically cannot force a sale of the home or take a share of it. Alper Law's chart describes the details by state, including Rhode Island, where a creditor can attach the debtor spouse's interest but cannot force a sale during the marriage.
Creditor protection in TBE ownership has three standard gaps:
Bankruptcy follows state law too. Alper Law notes that the Bankruptcy Code's exemption provision looks to the law of the state where the property is located, so the same home can be protected in one state and exposed in another.
Don and Sandra Craft owned a property in Grand Rapids, Michigan, as tenants by the entirety. In 1988, the IRS assessed $482,446 in unpaid income tax liabilities against Don Craft, for failure to file returns for 1979 through 1986. After notice of the lien was filed, the couple executed a quitclaim deed transferring his interest to her for one dollar. When she later tried to sell, a title search revealed the lien, and the IRS released it on the condition that half the net proceeds be held in escrow. She then sued to quiet title to the escrowed proceeds.
The Sixth Circuit held that the lien never attached, because Michigan law treated the husband as having no separate interest in entireties property. The Supreme Court disagreed. In United States v. Craft, decided April 17, 2002, by a 6 to 3 vote, Justice O'Connor wrote that "each tenant possesses individual rights in the estate sufficient to constitute 'property' or 'rights to property' for the purposes of the lien." The Court reversed and remanded. It did not decide what the husband's interest was worth, leaving valuation to the Sixth Circuit, and it noted that the government had not sought review of the lower courts' finding that the 1989 conveyance to the wife was not fraudulent.
The practical lesson: if one spouse owes federal taxes, entireties titling does not keep the IRS off the property.
Because marriage is one of the unities, ending the marriage ends the tenancy. Alper Law's guide puts it simply: "The ownership itself ends if the couple divorces." Florida spells out what replaces it: under Florida Statutes 689.15, in estates by the entirety, "the tenants, upon dissolution of marriage, shall become tenants in common." A divorcing couple who owned a condo in Fort Lauderdale as tenants by the entirety would come out of the divorce as tenants in common unless the decree or a later deed says otherwise.
The change matters in two ways. The survivorship right is gone, so each former spouse's share passes through their own estate. And the creditor shield ends, so a judgment creditor of one former spouse can pursue that spouse's share. If the decree gives the home to one spouse, a transfer under a divorce decree or property settlement by which the borrower's spouse becomes an owner is one of the transfers a lender may not treat as a due-on-sale trigger under the federal Garn-St Germain Act, 12 U.S.C. 1701j-3, on homes with fewer than five dwelling units. Ask the lender separately whether the departing spouse stays liable on the loan.
The surviving spouse owns the whole property automatically, by survivorship, without the property passing under the deceased spouse's will. The creditor picture changes at that moment too: Alper Law notes that in some states, such as Delaware, a judgment against one spouse becomes enforceable if the debtor spouse outlives the other, while in New York, someone who bought the debtor spouse's interest is left with nothing if that spouse dies first. Ask a title company or an attorney what your county needs on record to show the survivor as sole owner before a sale or refinance; the estoppel certificate and payoff figures come later, at the sale itself.
Couples who bought before marriage, or who took title as joint tenants, can usually convert by signing and recording a new deed from both spouses to both spouses "as tenants by the entirety." The steps are usually short:
If you are still buying, the decision happens at closing. Tell your agent and the title company early, so the vesting language is in the deed the first time; our guide to working with a real estate agent when buying a house covers who handles which part of the paperwork, and who pays closing costs explains where recording fees usually fall.
For a married couple in a recognizing state who plan to keep the home together, it usually offers survivorship plus a shield against one spouse's separate creditors. It is a weaker fit when one spouse has federal tax debt, when the couple wants unequal shares, or when each spouse wants to leave their share to different heirs, such as children from an earlier marriage. Those cases call for an estate planning or real estate attorney.
Couples weighing a condo against a house face the same titling choice either way; the cost and control tradeoffs are in condo vs house. Younger couples still working out whether they can buy at all will find the contract capacity rules in what age you can buy a house. And when you later sell, both spouses must join in the sale; the rest of that process is in how to sell a condo.
Owners in your future building can tell you which title company or attorney they trusted. Ask them on Ask a Resident, and browse current listings once you know how you want to hold title.
The statute decides what titling options exist, but neighbors who closed recently know how the local closing teams actually handle them.
Listings show the property, but they rarely explain the lived reality around it. On Leevli, a mover can explore the city, review neighborhood and building information, and ask a verified resident the specific questions that remain unanswered. That human layer helps readers know what to investigate before signing a lease, making an offer, or choosing between two addresses.
It means a married couple owns the property together as one unit. Each spouse has an undivided interest in the whole, the survivor automatically owns everything when one dies, and neither spouse can sell or borrow against the property alone. In many recognizing states, a creditor of just one spouse cannot take the home. It is available only to married couples.
Alper Law's chart, current as of August 2026, lists 24 states plus the District of Columbia, including Florida, New Jersey, Pennsylvania, Virginia, Maryland, New York, Michigan, Illinois, Massachusetts and Tennessee. Scope differs: some allow it only for real estate, Illinois only for a homestead, and Kentucky only where the deed provides survivorship. Confirm your own state's current rule with a local attorney.
Both include survivorship, but joint tenancy is open to any co-owners, and in some states one joint tenant can end survivorship alone; California's Civil Code 683.2 allows severance without the other owners' consent. Tenancy by the entirety is limited to spouses, neither can transfer alone, and it often shields the home from one spouse's separate creditors.
Often against a creditor of one spouse alone, depending on the state. It does not protect against joint debts, such as a loan both spouses signed, and the IRS can attach a federal tax lien to one spouse's interest under United States v. Craft. Some states, such as Massachusetts and Oregon, also limit the protection. Ask a local attorney before relying on it.
In 2002, the Supreme Court held 6 to 3 that a husband's interest in Michigan property held as tenants by the entirety was "property" or "rights to property" to which a federal tax lien could attach, despite Michigan's rule shielding entireties property from ordinary creditors. It reversed and remanded, leaving the value of the interest for the Sixth Circuit to decide.
Divorce ends the tenancy by the entirety, because marriage is one of its requirements. Under Florida Statutes 689.15, the former spouses become tenants in common, which removes survivorship and the creditor shield. The divorce decree or a new deed can then give the home to one spouse. Other states have their own rules, so check how yours treats the title.
Both spouses sign a new deed conveying the property to themselves as tenants by the entirety, using the wording your state requires, and record it with the county. Expect recording fees and possibly attorney or title company fees. Federal law bars lenders from using a due-on-sale clause when a borrower's spouse becomes an owner of a home with fewer than five units.
No. It requires a legal marriage. New York's statute says a transfer to people who are not legally married but are described as spouses creates a joint tenancy instead, unless the deed says tenancy in common. Unmarried couples usually choose joint tenancy with right of survivorship or tenancy in common, depending on whether they want survivorship and equal shares.
Yes, in states that allow it for real property, because a condo unit is real estate held by deed. New York goes further and presumes tenancy by the entirety for cooperative apartment shares transferred to spouses on or after January 1, 1996. Ask the title company to confirm the vesting language before closing on any unit.
Assuming it protects against everything. Couples sometimes rely on it while one spouse carries federal tax debt, or after signing a joint loan, and find the home exposed. Another mistake is forgetting it ends at divorce, which changes how the property passes at death. Review your title whenever your marriage, debts or estate plans change.
This article is informational and does not constitute legal, financial, tax or insurance advice.
