How does tenancy by the entirety interact with tenants in common when multiple married couples own property? - Pennsylvania
The Short Answer
In Pennsylvania, a married couple can hold their own share of a property as tenants by the entirety, while the property as a whole is co-owned with others as tenants in common. Practically, that means each couple typically owns an undivided fractional interest together (as an “entireties unit”), and that unit is a tenant in common with the other owners or other couples.
What Pennsylvania Law Says
Tenancy by the entirety is a form of co-ownership available only to spouses. It commonly carries survivorship between the spouses and, in many situations, keeps the deceased spouse’s interest from becoming probate property. By contrast, a tenancy in common means each owner (or ownership “unit”) holds a fractional interest that can generally pass through an estate unless survivorship applies.
When multiple married couples co-own the same parcel, the deed language and ownership structure matter a lot. Often, the deed is interpreted as: Couple A owns X% as tenants by the entirety, Couple B owns Y% as tenants by the entirety, and those two entireties interests are held as tenants in common with each other. If one spouse in Couple A dies, Couple A’s share typically stays with the surviving spouse (not the probate estate), but Couple A still co-owns the property with Couple B (and any other co-owners).
The Statute
The primary statute that often becomes important when entireties ownership changes status is 23 Pa.C.S. § 3507.
This statute establishes that when spouses who hold property as tenants by the entirety divorce, they generally thereafter hold that property as tenants in common of equal one-half shares (unless a court order provides otherwise), which can change how that couple’s “unit” interacts with other co-owners.
Why You Should Speak with an Attorney
While the general concepts are straightforward, applying them to a real deed and a real family situation is rarely simple. Outcomes often depend on:
- Strict Deadlines: If a divorce is involved, the timing and recording of the divorce decree can affect how title is treated going forward under 23 Pa.C.S. § 3507.
- Burden of Proof: The deed language (and sometimes other evidence) may control whether spouses truly hold their share as entireties or in some other form—title problems can derail refinancing, sale, or estate administration.
- Exceptions: Events like divorce, simultaneous deaths, creditor issues, or disputes among co-owners can change who owns what and whether a probate estate has any interest to administer.
If your question is coming up because of a death, probate, or a planned sale, it’s worth getting advice before anyone signs a deed, lists the property, or assumes the estate has (or does not have) an interest.
Related reading: Does tenancy by the entirety avoid probate in Pennsylvania? and What rights do tenants in common have in Pennsylvania?.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.