AK Tenancy by Entirety

State Description

AK

Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).

AR

Not exempt. Tenancy by the entirety is recognized but debtor's interest in TBE property is not exempt.

DC

NORTON The District of Columbia recognizes tenancy by the entirety. Under certain circumstances such interests are exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).

DC

(Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)

DE

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

DE

NORTON Delaware recognizes tenancy by the entirety. In some circumstances this owner interest is exempt and thus may also be exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).

FL

NORTON Some Florida Courts have recognized tenancy by the entirety in both real and personal property and consequently, such interests are exempt pursuant to Code § 522(b)(2)(B) to the extent they are exempt from process under Florida law.

FL

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

HI

Tenancy by the entirety is recognized in Hawaii and to the extent such interests are considered to be exempt under state law, pursuant to Code § 522(b)(2)(B), the interests are exempt under the Bankruptcy Code.

HI

Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under § 509-2.

IL

Tenancy by entirety property exempt except against joint debts

IN

Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA § 34-55-10-2(b)(5).

IN

Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse

KY

NORTON Tenancy by the entirety is recognized in Kentucky. Such interests, however, are not exempt under state law.

MA

Tenancy by the entirety is recognized in Massachusetts. Additionally property coowned by spouses and used as the principal residence of the nondebtor spouse is exempt unless the claim is based upon necessities provided to either spouse or dependent. MAL 209 § 1. Consequently, pursuant to Code § 522(b)(2)(B) such interests are also exempt under the Bankruptcy Code.

MA

Property held as tenancy by the entirety may be exempt against debt for non-necessity owed by only one spouse.

MA

Property coowned by spouses as TBE and used as the principal residence of the nondebtor spouse is exempt unless the claim is based upon necessities provided to either spouse or dependent.

MD

NORTON Tenancy by the entirety is recognized in Maryland and under certain circumstances such interest is exempt. Consequently such interest may be exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).

MD

Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.

MI

NORTON Tenancy by the Entirety is recognized in Michigan and such interests are exempt except against joint debts. Consequently such interests are exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).

MI

Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.

MI

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

MO

Tenancy by the entirety is recognized in ownership of both real and personal property, and in the case of real property, such interests are exempt. MAS § 513.475(2). Consequently, pursuant to Code § 522(b)(2)(B) interests of the debtor in real property as a tenant by the entirety are exempt in Bankruptcy Code.

MO

Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse

MO

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

MS

Tenancy by the entirety has been recognized by Mississippi state courts. Consequently, pursuant to Code § 522(b)(2)(B), such interests may also be exempt. Status unkown.

NC

NORTON Common law of North Carolina recognizes tenancy by the entirety. Under some circumstances, such interests have been held to be exempt and thus may also be exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).

NC

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

NJ

NORTON Courts in New Jersey have recognized tenancy by the entirety, but such interests are not exempt. Although the debtor's interest would remain subject to the spouse's right, it would not be exempt under Code § 522(b)(2)(B) unless such interests were determined to be exempted under state law.

NJ

survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse

NM

New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.

NY

NORTON Tenancy by the entirety is recognized in New York. (NY Est P&T L § 6-2.2) These interests are not exempt under state law, however, and thus although the debtor's interest would be subject to the survivorship interest of the spouse, the debtor's interests are not exempt pursuant to Code § 522(b)(2)(B).

NY

Recognized, but not exempt

OH

NORTON Tenancy by the entirety is recognized in Ohio and such interests have been held to be exempt except against joint debts. ORCA § 5302.17. Consequently such interests may be exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).

OH

Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse

OR

NORTON Tenancy by the entirety is recognized as an interest in real estate but not in personal property. ORS § 108.090. Such interests, however, are not exempt under Oregon law and consequently, pursuant to Code § 522(b)(2)(B) such interests are not exempt under the Bankruptcy Code. Although such interests are not exempt, they are subject to the survivorship interest of the debtor's spouse.

OR

Tenancy by the Entireties recognized in real estate, but is not exempt.

PA

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

PA

NORTON Tenancy by the entirety is recognized in Pennsylvania as an interest held in personal and real property. Such interests have been held to be exempt except as to claims against both spouses and consequently, pursuant to Code § 522(b)(2)(B) are exempt under the Bankruptcy Code.

RI

NORTON Tenancy by the entirety has been recognized by the courts of Rhode Island and in certain circumstances such interests have been held to be exempt. Accordingly, such interests will be exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B) in such circumstances that they are also held to be exempt under state law

RI

In re Pearlman Not Reported in B.R., 2005 WL 1331256 Bkrtcy.D.R.I.,2005.

RI

entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).

TN

NORTON Tenancy by the entirety is recognized in Tennessee. Such interests, however, are not exempt under state law and consequently the survivorship interest is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).

TN

Tenancy by the entirety is recognized not exempt.

US

Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.

VA

NORTON Virginia recognizes tenancy by the entirety and such interests are exempt except against joint debts. Consequently, such interests are also exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).

VT

NORTON Vermont recognizes tenancy by the entirety. Such interest, however, may be subject to certain debts and thus the exemption of such interests are also limited under the Bankruptcy Code pursuant to Code § 522(b)(2)(B). See VSA 15 § 67.

VT

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

WY

NORTON Tenancy by the entirety is generally recognized in Wyoming. To the extent such interests are exempt under state law they will also be exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).

WY

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse