In West Virginia, married couples can hold real estate title as tenants by the entirety. This form of ownership provides unique protections and rights not available to unmarried couples or individuals. It establishes joint ownership with rights of survivorship, meaning that upon the death of one spouse, the surviving spouse automatically inherits the entire property without probate. For example, if a couple purchases a home together after marriage and takes title as tenants by the entirety, the home automatically passes to the surviving spouse upon the death of the first spouse.
Tenancy by the entirety offers significant benefits. It shields the property from creditors of only one spouse. This protection ensures that individual debts incurred by one spouse cannot be levied against the jointly held property. Historically, this form of ownership was designed to protect the family home and provide financial security for the surviving spouse. It remains a powerful tool for estate planning and asset protection in modern times. Choosing this method of ownership can simplify inheritance and avoid potentially complex and costly probate proceedings.
