Tenancy by the Entirety and Joint Tenancy in Tennessee

Tennessee does not offer transfer-on-death deeds for real property. House Bill 1793 tried to change that in 2026, but it was withdrawn before passing. That leaves property titling as one of the most important estate planning decisions you can make — the way your deed reads determines whether your home goes through probate or transfers directly to your co-owner at death.

Two titling options handle this: tenancy by the entirety (married couples only) and joint tenancy with right of survivorship (available to anyone). They sound similar but offer different levels of protection.

Tenancy by the Entirety

Tenancy by the entirety is the strongest form of co-ownership available in Tennessee. It is exclusively for married couples and applies to both real property and, in Tennessee, certain personal property like bank accounts.

When one spouse dies, the surviving spouse automatically becomes the sole owner. No probate, no court filing, no transfer deed. The death certificate and a recorded affidavit of survivorship are typically all that is needed to update the title.

The Creditor Protection Advantage

What makes tenancy by the entirety distinct from joint tenancy is its creditor shield. In Tennessee, a creditor of only one spouse cannot force the sale of property held as tenants by the entirety to satisfy a judgment. Both spouses must be jointly liable for the creditor to reach the property.

This means if one spouse has individual debts — credit card balances, a business liability, a personal lawsuit judgment — the family home is protected as long as it is held as tenants by the entirety. This protection applies during life and extends through the surviving spouse's ownership.

Requirements

• Both owners must be legally married to each other
• The deed must be taken at the same time, with equal interests
• Tennessee presumes tenancy by the entirety for married couples who take title jointly, but the deed language should be explicit to avoid ambiguity

When It Ends

Tenancy by the entirety terminates upon:

• Death of one spouse (survivor becomes sole owner)
• Divorce (converts to tenancy in common — each ex-spouse owns half, with no survivorship rights)
• Mutual agreement to sell or partition
• Both spouses jointly conveying the property to a third party

Joint Tenancy with Right of Survivorship

Joint tenancy with right of survivorship is available to any co-owners — married or unmarried. When one joint tenant dies, the surviving joint tenant(s) automatically inherit the deceased person's share. Like tenancy by the entirety, the transfer happens outside of probate.

Key Differences from Tenancy by the Entirety

The critical distinction: joint tenancy does not protect against individual creditors. If one joint tenant has a judgment against them, a creditor can potentially force a partition sale. And any joint tenant can unilaterally sever the joint tenancy by transferring their interest to a third party, converting the ownership to tenancy in common and destroying the survivorship feature.

The Default: Tenancy in Common

If a deed does not specify the type of co-ownership, Tennessee defaults to tenancy in common. Under tenancy in common:

• Each owner holds a separate, divisible share
• There is no right of survivorship — a deceased owner's share passes through their will or intestacy, not to the co-owner
• Each owner can sell, mortgage, or give away their share independently

This is the worst option for estate planning purposes because the deceased owner's share must go through probate. If you co-own property in Tennessee and the deed does not explicitly say "with right of survivorship" or "as tenants by the entirety," your co-owner's share will end up in probate court.

Practical Considerations

Check your existing deed. Many Tennessee homeowners assume they hold property with survivorship rights but have never verified the deed language. Pull your recorded deed from the county register of deeds and look for explicit survivorship language.

Adding someone to your deed is not simple. Transferring property to add a co-owner (such as adding an adult child) can trigger gift tax consequences, expose the property to the new owner's creditors, and create Medicaid look-back issues if you need TennCare within five years.

Tenancy by the entirety ends at divorce. If you and your spouse divorce, tenancy by the entirety automatically converts to tenancy in common. If neither party addresses the property in the divorce decree, you could end up co-owning property with your ex-spouse under the least protective form of ownership.

TennCare and property titling. Because Tennessee's Medicaid estate recovery program only reaches the probate estate, property held as tenants by the entirety or joint tenants with right of survivorship is shielded from TennCare recovery at the first spouse's death. The property passes outside of probate and is not subject to the estate recovery claim.

Getting the Deed Right

The deed is the most important document in Tennessee real estate estate planning. Since the state does not offer transfer-on-death deeds, the titling you choose today determines whether your home avoids probate tomorrow.

If you are married, tenancy by the entirety provides both probate avoidance and creditor protection. If you co-own property with a non-spouse, joint tenancy with right of survivorship avoids probate but lacks the creditor shield.

The Tennessee Basic Estate Planning Kit includes a real estate survivorship workbook that walks you through evaluating your current deed, understanding your options, and coordinating titling changes with your broader estate plan.

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