Closings glossary

Tenancy by the entirety

Joint ownership by spouses with a right of survivorship, where neither can transfer or mortgage the property without the other. It is the default for married New York grantees.

Start Free Case Review Call 347-392-6356

What is tenancy by the entirety in New York?

Quick Answer

Tenancy by the entirety is a form of ownership available only to married couples, in which neither spouse can convey or encumber the property alone and the survivor takes the whole on the first death. New York presumes it when a deed conveys to spouses without other language.

The full definition

Joint ownership by spouses with a right of survivorship, where neither can transfer or mortgage the property without the other. It is the default for married New York grantees.

Also called: TBE.

Which related terms should you know?

These are the terms that come up alongside tenancy by the entirety in the same file.

Tenancy in common: Co-ownership in undivided shares with no right of survivorship. Each share can be sold, mortgaged or left by will independently of the other owners.
Fee simple: Ownership of land held indefinitely and freely transferable, subject only to recorded encumbrances and to government powers such as taxation, zoning and condemnation.
Deed: The instrument that conveys real property. Signature, acknowledgment and delivery make it effective between the parties, while recording is what protects it against later purchasers.
Judgment lien: A lien created by docketing a money judgment against the owner. It reaches real property in the county of docketing and is a routine payoff item at a closing.
Title: Legal ownership of real property and the rights that come with it. A deed is evidence of a transfer of title, not title itself.

Where does tenancy by the entirety come up in a New York City closing?

A Staten Island deed to a married couple creates a tenancy by the entirety, so a judgment against one spouse alone does not force a sale of the house.

What else should you read before closing?

Questions this raises

Do I need an owner's title policy if my lender already requires one?A lender's policy protects the bank, not you, and ends when the loan is paid. What an owner's policy adds on a New York purchase, and what it costs...

Closing checklists

Estate sale closing checklistSelling a decedent’s New York property turns on the fiduciary’s authority: letters, the estate tax lien, the executor’s deed and Surrogate’s Court ...

Elsewhere on this site

Have a closing coming up?

Tell us about the transaction. An attorney reads every intake form and responds the same business day.

Tell us about your transaction Call 347-392-6356

Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.