Texas recognizes "TENANCY BY THE ENTIRETY" only by mention in the BUSINESS ORGANIZATIONS CODE Sec. 152.052. and Sec. 252.001.
However the concept is overridden by the inheritance laws / probate code and community property laws. In Texas inheritance of community property gives the spouse one half and the rest to other heirs unless it is "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP".
In most states when the grantees of a deed are stated to be "Husband and Wife" a "TENANCY BY THE ENTIRETY" is created.
In Texas "Husband and Wife" merely created community property.
And does not necessarily do that if the grantor is one of the spouses and the deed does not declare and acknowledge the property to be community property with a notice of the effect of the document required by Texas Family Code.
Utilizing both the identification of the grantees as "Husband and Wife" and declaration and acknowledgment of the property as "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP" provides the clarity needed.
yes
yes
Yes, NC is a tenancy by the entireties state.
Yes. Tenancy by the entirety is available for married people in Missouri.
Yes. Tenancy by the entirety is recognized in Utah. See related link.
No it is community property
Yes. Indiana Code 32-17-3, et.seq., contemplates tenancy by the entirety for married couples, and the tenancy is supported in case law.
Montana does not recognize tenancy by the entirety.
Yes. The tenancy by the entirety was created in Illinois in 1990. See this article for more information: http://cmetro.ctic.com/TitleIssues/v1n7.pdf The tenancy by the entirety statute is found at Section 1c under the Illinois Joint Tenancy Act found at 765 ILCS 1005/1.
If the owners become legally married, their title can be converted to a tenancy by the entirety if that tenancy is permitted by state law. The parties should consult with an attorney who specializes in real estate law to make certain the change is made correctly and effectively under state law.
A tenancy by the entirety requires that the owners be legally married.
No, it is illegal in SC. No, it is illegal in SC.