Tenancy by the entirety requires marriage and includes the right of survivorship. Which statement is true?

• A. Requires marriage and includes right of survivorship.
• B. Is identical to tenancy in common.
• C. Can be transferred unilaterally by one spouse.
• D. Does not require marriage.

Answer: (A)

Tenancy by the entirety is a form of co-ownership available only to married couples, and it includes the right of survivorship. That means if one spouse dies, the surviving spouse automatically owns the whole property. Because it’s tied to marriage, it cannot be created or exist for unmarried individuals. It is distinct from tenancy in common, where owners each hold an undivided share that can be transferred or encumbered by that owner without the other’s consent and with no survivorship feature. In tenancy by the entirety, a single spouse cannot transfer their interest alone; any transfer or encumbrance typically requires both spouses. So the true statement is that it requires marriage and includes the right of survivorship.