If there is a judgment against one spouse, the settlement attorney will ask for a continuous marriage affidavit from the seller. In it, the sellers will certify they have been married for the entire time they owned the property. Then, the judgment does not attach to the property or the proceeds of sale, as long as they are also maintained in a tenancy by the entirety bank account. Upon divorce, tenancy by the entirety automatically converts to tenants in common. Joint Tenancy Joint tenancy is similar to tenants by the entirety but the co-owners are not married.
Joint tenancy includes the common law right of survivorship, provided it is set out in the deed.
Upon death of a joint tenant, title remains in the surviving joint tenant without further action. You can't leave joint tenancy property to someone else in your will. There are some important differences. Joint tenants are not married so they are not treated as one legal entity. One owner may petition the court to divide the property or order its sale.