how tenants by entirety are viewed from a legal perspective
property that is held by tenants by entirety is comparable to community property both spouses mutually own the entire property as a whole rather than any type of subdivision where each would have individual ownership one key distinction however relates to a creditor s ability to attach property in order to collect on a debt tenants by entirety precludes creditor s from attaching the property of an individual debtor only in cases where both the husband and wife are parties to the debt can the property be attached this is not the case with community property regardless of who owes the debt community property can be attached in addition federal tax liens against one spouse could in some circumstances be attached to property that is covered by tenants by entirety and potentially subject to seizurethe rights of tenants by entirety can supersede the terms laid out in a will or trust that might otherwise grant property to heirs upon the death of one of the spouses for example the will left by a deceased party might state they want one of their surviving children to take possession of a piece of property if that property is jointly owned by the decedent s spouse and falls under the terms of tenants by entirety the terms of the will may be ignored the surviving spouse would retain sole ownership of the property a tenancy by entirety can be eliminated under such circumstances as a divorce which would see the property divided between the parties or a voluntary mutually sought petition by both parties to change the nature of ownership 