Tenancy by the Entirety States

Tenancy by the entirety is a special form of property ownership available to married couples. It protects property from creditors of just one spouse, but only if the state recognizes this form of ownership.

Not all states allow tenancy by the entirety, and some states limit it to real estate only, while others also allow it for personal property like bank accounts.

The chart below outlines which states recognize tenancy by the entirety and what types of property it applies to:

StateReal PropertyPersonal Property
AlaskaYesYes
ArkansasYesYes
DelawareYesYes
District of ColumbiaYesNo
FloridaYesYes
HawaiiYesNo
IllinoisYesNo
IndianaYesNo
KentuckyYesNo
MarylandYesYes
MassachusettsYesNo
MichiganYesNo
MississippiYesNo
MissouriYesNo
New JerseyYesNo
New YorkYesNo
North CarolinaYesNo
OklahomaYesNo
OregonYesNo
PennsylvaniaYesYes
Rhode IslandYesNo
TennesseeYesNo
VermontYesNo
VirginiaYesNo
WyomingYesYes

Important Notes About Tenancy by the Entirety

Each state may have its own specific rules about how tenancy by the entirety is created. Some states automatically assume property is owned this way if titled jointly by spouses; others require specific language in the deed or account documents.

Gideon Alper

About the Author

Gideon Alper is a nationally recognized asset protection attorney and a former attorney for the IRS Office of Chief Counsel. He specializes in structuring compliant Cook Islands trusts and Nevis LLCs that withstand federal scrutiny. A graduate of Emory University Law School (J.D. with Honors), Gideon combines 15+ years of private practice with deep insider knowledge of federal tax procedure. He designs strategies that improve protection while maintaining strict adherence to state law and U.S. tax laws. Gideon advises business owners, professionals, and their families on how to legally secure wealth.

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