Tenancy by the Entirety
Candlefocus EditorThe most significant benefit of Tenancy by the Entirety is the right of survivorship. Upon the death of one partner, the surviving partner is immediately granted full and legal ownership of the property without the need to go through probate court. This arrangement is beneficial in many circumstances, particularly when a married couple has accumulated a considerable amount of wealth over the course of their marriage. The right of survivorship can help ensure that the deceased spouse’s interests in the property are preserved and passed on to the surviving spouse without any legal challenges.
Another key benefit of Tenancy by the Entirety is embodied in it’s legal protection. Because the arrangement is created between two individuals, creditors can only enforce a lien on the property if both spouses owe the debt. This can be an invaluable asset to those who have accumulated considerable debt over the years but did not both spouses accrue the debt. In the event of such a situation, the property is only subject to a lien if BOTH spouses owe the debt, thus effectively shielding the property from a single partner’s creditors.
Overall, Tenancy by the Entirety is a valuable legal protection for married couples. This arrangement can easily help preserve wealth and guard it from creditors in the event of death or delinquent debt. By guaranteeing each partner’s interest in the property and providing legal protection in the event of individual financial insolvency, Tenancy by the Entirety is an advantageous form of legal protection for married couples.