Is tenancy by the entireties joint tenants with rights of survivorship?


Tenancy by the Entirety. A type of concurrent estate in real property held by a Husband and Wife whereby each owns the undivided whole of the property, coupled with the Right of Survivorship, so that upon the death of one, the survivor is entitled to the decedent's share.


Attorney Tom Olsen:  Pam, you're on News 96.5 go ahead.

Pam: Hello there. This is a question about titling on the deed on an investment rental house.

Attorney Tom Olsen: All right.

Pam: Let's say it's in the husband's name of John Smith and Pam Smith, his wife. Now, the primary residence is an investment house.

Attorney Tom Olsen: Got it.

Pam: Okay, by just that it, is that considered joint tenancy with right of survivorship or tenants in common?

Attorney Tom Olsen: It is. Hint, when they're identified as husband and wife-- I'll tell you what, Chrissy, who has recently been studying-

Attorney Tom Olsen: -this law these issues. When they are identified as husband and wife, with the words husband and wife or his wife, what are they?

Chrissy: It's automatically a tenancy by the entirety.

Attorney Tom Olsen: That's reserved for husband and wife and traditionally that was a man and a woman, but it could be a man and man, woman and woman. If you are tenancy by entireties, what does that make you?

Chrissy: Well, tenancy, automatically husband and wife, makes its tenancy by the entireties and automatically tenancy by the entireties is joint tenants rights of survivorship.

Attorney Tom Olsen: A-plus, thank you Chrissy. So, Pam does that answers your question--?

Pam: Exactly to him or to me, one or the other right?

Attorney Tom Olsen: You are joint tenants rights of survivorship. If one of you passes away, the survivor will automatically own it all, no probate required. Hey, folks, my name is Tom Olsen. The name of the show is "Olsen on Law." We're going to take a break, we'll be back in just a few minutes.