Upon the death of a spouse in a tenancy by the entirety, what happens to the property?

In a tenancy by the entirety, which is a form of joint ownership specifically available to married couples, the property is owned jointly with an equal share and with a right of survivorship. When one spouse passes away, the surviving spouse automatically becomes the sole owner of the property, and it is converted to a fee simple estate. This means that the survivor gains complete control and ownership of the property without the need for probate or additional legal processes.

The concept of right of survivorship inherent in tenancy by the entirety is crucial here; it ensures that the property does not pass to the deceased spouse's heirs or through the will but instead directly to the surviving spouse. As a result, the property remains with the surviving spouse, providing both legal security and ease of transfer. This ensures continuity of ownership and avoids potential disputes over the property that could arise among heirs.