Tenancy by the Entirety in Virginia

Protecting property in marriage requires clarity — and in Virginia, few doctrines are more powerful than Tenancy by the Entirety (TBE). If you and your spouse own property jointly, you need to understand what protections exist, especially in light of recent legal developments that may affect how creditors can access your shared assets.

What Is Tenancy by the Entirety?

Tenancy by the Entirety is a form of joint property ownership that is exclusive to married couples. Under Virginia law, this arrangement provides both spouses with equal ownership of the entire property. Neither spouse can unilaterally sell or encumber the property — and creditors of just one spouse typically cannot seize the home.

This doctrine offers unique protections, but a recent Virginia case has signaled a shift in how courts may treat such property in the future. Knowing your rights and how the law is evolving is crucial for protecting your assets.

Key Benefits of Tenancy by the Entirety

• Strong protection from individual creditors
• Automatic right of survivorship for the surviving spouse
• Legal simplicity — no will needed to transfer interest at death

Recent Changes to Virginia TBE Law

In a recent ruling, the Virginia Supreme Court opened the door to new interpretations of how tenancy by the entirety can be challenged by creditors. While the core doctrine remains intact, it’s now more important than ever to seek legal advice if you’re relying on TBE protections for your property or investments.

At Doummar Law, we stay on top of changes like this to make sure our clients are fully protected.

Should You Re-Title Your Property?

In light of new risks, it may be wise to revisit how your property is titled — particularly if either spouse owns a business or is exposed to legal liabilities. We help married couples and families navigate ownership strategies that safeguard what matters most.

How Doummar Law Can Help

Our Virginia attorneys can review your current property arrangements and recommend legal solutions that align with your goals. Whether you’re purchasing a home, facing creditor actions, or planning your estate — we offer strategic legal protection with clarity and care.

📞 Call us at (757) 422‑0061 or book a consultation to discuss your property rights today.