Quick Answer
Tenancy by the entirety works like joint tenancy with survivorship, but it's reserved for married couples and treats them as one legal owner. Indiana recognizes this form of ownership, and it can offer some protection from a creditor pursuing only one spouse individually.
- Available to
- Married couples only
- Survivorship
- Yes, automatic to the surviving spouse
- Creditor protection
- Can shield the home from one spouse's separate creditors
- What ends it
- Divorce, death, or a new deed by both spouses
How It Differs From Joint Tenancy
Like joint tenancy, tenancy by the entirety includes a right of survivorship, so the surviving spouse automatically owns the whole property when the other spouse passes away, without probate. The key difference is that it's limited to married couples and treats them as a single legal unit, which is where its added creditor protection generally comes from: in many cases, a creditor with a claim against only one spouse cannot force a sale of property held this way.
That protection isn't unlimited, and it generally doesn't apply to debts both spouses took on together, like a shared mortgage.
What Happens if the Marriage Ends
Divorce typically converts a tenancy by the entirety into a tenancy in common, since the legal basis for treating the couple as a single owner no longer applies. Couples going through a divorce often need a new deed or a court order to formally divide or reassign the property, which is worth coordinating with a real estate attorney alongside the divorce proceedings.
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Frequently Asked Questions — Tenancy by the entirety
Do all married couples automatically get tenancy by the entirety in Indiana?
Not automatically. How title is held depends on what's written into the deed, so married buyers should confirm this with their closing attorney or title company.
Does tenancy by the entirety protect against all debts?
No. It mainly offers protection from a creditor pursuing only one spouse individually, not from debts both spouses owe jointly, such as a shared mortgage.
What happens to the property if one spouse dies?
The surviving spouse automatically becomes the sole owner, without the property having to go through probate.
Can unmarried co-owners use tenancy by the entirety?
No, it's only available to married couples; unmarried co-owners typically choose joint tenancy or tenancy in common instead.