when a couple divorces the parties become tenants in common tic this means they both have ownership rights in the property and can bequeath their share of the property to anyone upon their death 4 courts can order the sale of the property with the proceeds split between the divorcing couple or award full ownership to one party 2
rights of tenants by entiretytenancy by the entirety forbids one party from selling the property without the other party s consent suppose a married couple purchases a house together through a tenancy by entirety arrangement because the couple purchased the property together each would have a 100 ownership interest 1this status also protects the spouses against certain liens creditors who seek relief on delinquent debt cannot enter claims against any property that is under tenancy by the entirety unless the couple shares that debt the property can only be attached by creditors to whom the married couple owes joint debts 2for example if a borrower owes payments on a motorcycle loan they acquired only for themselves the lender could not put a lien against a house the borrower owns with a spouse because the property is under tenancy by the entirety frequently asked questions