Other People's Money
Back to library
Titling, Probate & Trusts

Tenancy by the Entirety (TBE) — Spousal Creditor Shield in 25 States

Married-couple-only titling in ~25 states makes the asset unreachable by ONE spouse's individual creditors.

Overview

TBE treats a married couple as a single legal entity owning the whole. In TBE states (FL, MI, MD, NC, VA, IL, IN, WY, DE, HI, MA, NJ, NY, PA, RI, TN, VT, MO, OK, AK, AR, MS, and others — some limited to real estate only), a creditor of one spouse alone cannot levy the property, since neither spouse can unilaterally sever it. Combined with a homestead exemption (unlimited in FL/TX), a doctor or business owner can hold the family residence beyond the reach of individual judgments. It also carries automatic survivorship (no probate). Weaknesses: joint creditors and the IRS can still reach it (U.S. v. Craft), and protection ends at divorce or the first death.

Best fit
Married high-liability professionalsBusiness owners in FL/MI/MD/NC/VAHomeowners layering homestead protection
Estimated impact
Shields home equity of $200K–$5M+ from single-spouse judgments

Click Generate advisory deep dive for mechanics, IRC citations, a step-by-step execution plan, a worked numeric example on your profile, costs, risks, and this-week actions.

More titling, probate & trusts strategies

See all Titling, Probate & Trusts strategies
OPM