What is a key feature of tenancy in the entirety?

Tenancy in the entirety is a specific form of joint ownership that is exclusively available to married couples. This legal arrangement provides a number of benefits, including the right of survivorship, meaning that if one spouse passes away, the surviving spouse automatically inherits the deceased spouse's interest in the property. This type of ownership is designed to protect the interests of both spouses and can offer certain legal protections against creditors.

The reason why it is exclusive to husband and wife pairs is grounded in property law, which posits that marriage creates a unique legal relationship that isn’t applicable to other types of joint ownership, such as tenants in common or joint tenancy, where any two individuals, regardless of marital status, can co-own a property. Therefore, recognizing tenancy in the entirety as a legal construct only for married couples delineates it clearly from other property ownership forms.