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Is Tenants by the Entirety the same as Tenants in Common?

Mar 20, 2020

Paul S. Labiner

Paul Labiner

Managing
Partner

No. Although these two legal concepts sound the same, they are in fact different.

Only spouses can own property as Tenants by the Entirety (TBE). Additionally, upon the death of one of the owners in each of a Tenancy by the Entirety and Tenancy with Right of Survivorship, the property passes to the remaining owner.

In a Tenancy in Common situation, on the other hand, the deceased owner’s share generally passes as designated in the deed or by such tenant’s estate planning documents.

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