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A tenancy by the entirety may be destroyed only by: (i) voluntary partition where the married couple conveys the property to themselves as tenants in common (neither spouse can force a partition); (ii) absolute divorce, in which case the former spouses …

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This means that each spouse has an equal and undivided interest in the property. This form of Tenancy by the entirety helps protect the property from the debts of one spouse. Creditors can’t attach a lien on a house owned as tenancy by the entirety, unless the debt is in the names of both spouses. TBE makes the owner of the house a separate legal entity from either spouse.

Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies. Many jurisdictions also recognize tenancies by the entirety, which is effectively a joint tenancy between married persons.

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As such, this transfer created a tenancy by the entirety. On January 29, 2013, Jeanne Limogene died. Her will, dated January 23, 2012, stated “[i]n the event that [the subject property] is held as tenants in common, I give, bequeath, and devise all my interest in the real property … to my daughter Sherlly Lacroix.”

When it comes time to sell the property, both spouses have equal rights and an equal say in what happens.

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When two or more persons own property, the default type of ownership is as tenants in common, unless the conveyance states that they are joint tenants with rights of survivorship, not tenants in common.

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You have complete control of your property while you are alive. After death, your property will pass outside of probate to your beneficiary. Only Some State Recognize Tenancy by the Entirety Texas. If you want to set up a joint tenancy in Texas, you and the other joint tenants must sign a written agreement. For example, if you want to create a joint tenancy bank account, so that the survivor will get all the funds, specifying your arrangement on the bank's signature card may not be enough. As such, this transfer created a tenancy by the entirety. On January 29, 2013, Jeanne Limogene died.