Tenancy by the entirety is a special form of ownership available only to married couples in Massachusetts. It provides rights of survivorship and protection from individual creditors of one spouse.
Upon divorce, the law automatically converts a tenancy by the entirety into a tenancy in common, unless otherwise stated in the divorce decree. In tenancy in common, each former spouse owns an undivided share of the property without survivorship rights, and they are free to transfer or sell their interest independently.
It does not convert into joint tenancy or tenancy in severalty unless agreed to or ordered by the court.
[Reference: M.G.L. c. 209, § 1; Massachusetts Real Estate Candidate Information Bulletin – Forms of Ownership., ]
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