Tenants By The Entirety

Added June 6, 2007 by Ilyce R. Glink

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Summary: When a married couple hold a house as tenants by the entirety, it means that the spouse inherits the other spouse's share of the property when he or she passes away. It's like being joint tenants with rights of survivorship. The house is the surviving spouse's to keep or to sell.

Q: My parents had a house which they held as tenants by the entirety. A clause in the deed states "To have and to hold the premises herby granted upon the Grantees as Tenants by the Entirety (and not at tenants in common), their and the survivor of them, heirs and assigns, in Fee Simple, forever."

My mother passed away in 1984. I want to know what benefits or rights, if any, I will receive by being her only child, if my father wants to sell the house or anything. All your help is greatly appreciated.

A: Probably none. Tenancy by the entirety means that your father inherited your mother's share of the property when she passed away. It's like being joint tenants with rights of survivorship. The house is your father's to keep or to sell.

For more details, please consult a local real estate attorney.

Published: Jun 6, 2007

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