Tenancy by the Entirety: How Married Couples Hold Title in Massachusetts

In Massachusetts, married couples can hold title to real estate as tenants by the entirety — a form of ownership that, for a principal residence, protects the property from being seized to satisfy the individual debts of just one spouse. Under M.G.L. c. 209, § 1, a debtor spouse's interest in entirety property cannot be reached by that spouse's individual creditor, so long as the property remains the non-debtor spouse's principal residence.

Who can hold title this way?

Only married couples. Tenancy by the entirety isn't available to unmarried co-owners, business partners, or family members who aren't spouses to each other — it's a form specific to marriage, distinct from joint tenancy or tenancy in common, both of which remain available to any co-owners regardless of relationship.

What does it actually protect against?

An individual creditor of just one spouse — a lawsuit judgment, a personal debt, an obligation belonging to only one spouse's business — generally cannot force a sale of the home to satisfy that debt, as long as the other spouse still lives there as their principal residence. That's meaningfully different from ordinary joint ownership, where a creditor of just one owner can, in many circumstances, reach that owner's individual share.

Where does the protection stop?

Several places. Debts owed jointly by both spouses aren't shielded — both remain liable, and the entirety form does nothing for a debt both of you actually incurred together. It also doesn't protect against a mortgage voluntarily granted on the property, federal tax liens (federal law overrides this state-law protection), or a debt for "necessaries" furnished to either spouse or their family, which Massachusetts law makes both spouses jointly responsible for regardless of how title is held. And critically, the protection is limited to the couple's principal residence — a second home or investment property held as tenants by the entirety gets none of it.

Can one spouse sell or mortgage the property alone?

No. Ownership under tenancy by the entirety is indivisible — neither spouse can sell, mortgage, or otherwise transfer their interest without the other's consent. Both spouses have equal rights to use, control, and any income from the property, and both have to sign off on anything that affects title.

What happens to the tenancy if the couple divorces?

Tenancy by the entirety is specifically a form of marital ownership, so it doesn't continue as such once a couple is no longer married — how the property is actually divided becomes part of the divorce proceeding itself, governed separately under Massachusetts domestic relations law, not by the entirety form.

How do you set this up?

It's established through the language of the deed itself when a married couple takes title — your closing attorney handles this as a matter of course when both spouses are on the deed and the property will be their principal residence. If you're refinancing, adding a spouse to an existing deed, or simply unsure how your current property is titled, that's worth confirming with an attorney directly rather than assuming.