Legal Definitions - Tenancy by the Entirety

Tenancy by the entirety is a type of property ownership that is only available to married couples. In this type of ownership, both spouses have an equal and undivided interest in the property. They also have the right to use and occupy the property, and if one spouse dies, the other spouse automatically becomes the sole owner of the property.

For example, John and Jane are married and own a house as tenants by the entirety. If John were to pass away, Jane would automatically become the sole owner of the house, without the need for probate or any other legal process.

It's important to note that tenants by the entirety cannot transfer their interest in the property without the consent of the other spouse. This means that if John and Jane were to divorce, they would need to agree on how to divide the property.