Tenants By the Entirety: Underwriting Guidelines

Because laws are different from state to state, contact your local underwriter for guidance specific to your state. Generally, unless specifically requested, no designation of co-tenancy should be made in Schedule A of any policy.


In some areas, recent litigation has affected the protection previously afforded under tenants by the entirety against liens filed against only one spouse. Therefore, in those jurisdictions where title is held by the entireties and a judgment has been filed against one spouse, Agents National Title has taken the position that satisfactory payment and release or subordination of any and all judgments and/or Federal Tax Liens filed against either one or both of the tenants by the entireties must be a requirement in the title commitment or made an exception in both the owner and loan policies


Joinder of spouse is mandatory when mortgaging or conveying property held by the entireties. Upon the death of a tenant by the entirety, the agent should obtain, review, and record, if necessary:


1.  A continuous marriage affidavit, if applicable;

2.  A certified copy of the death certificate;