If two people own a house together, there are different ways the law can treat that ownership.
Two of the most common in Rhode Island (and many other states) are Joint Tenancy with Right of Survivorship and Tenancy by the Entirety.
Both let the house skip probate court when one owner dies, so it can pass straight to the other owner. But after that, they work in very different ways.
Who Can Use Each One
Joint Tenancy can be used by any two or more people. Friends, business partners, a parent and a kid, it doesn’t matter. They don’t have to be married.
Tenancy by the Entirety is only for married couples. If the people on the deed aren’t married when the house is bought, this type of ownership can’t be used, even if they try to set it up that way.
The Deed Has to Say So
In Rhode Island, if a deed doesn’t clearly say which type of ownership it is, the law assumes it’s a third, more basic kind called Tenancy in Common, which does not include the automatic right to inherit the house from the other owner. So the deed needs to spell it out clearly, or the couple might not actually have the protection they think they have.
Who’s in Control
With Joint Tenancy, each owner can act on their own. One owner can sell their share, give it away, or even force a sale of the whole house through court, without asking the other owner first. If that happens, the special “automatically goes to the survivor” rule disappears.
With Tenancy by the Entirety, neither spouse can do any of that alone. Selling, borrowing against the house, or breaking up the ownership all require both spouses to agree and sign off. One spouse can’t make that decision solo.
What Happens If Someone Owes Money
This is where the two types really differ.
With Joint Tenancy, if one owner gets sued, goes bankrupt, or owes back taxes, their creditors can go after that owner’s share of the house. That could even lead to the whole house being forced into a sale, which isn’t fair to the other owner, but it can happen.
With Tenancy by the Entirety, the house is much better protected. Since neither spouse can act alone, a creditor generally can’t force a sale just because one spouse owes money. Rhode Island courts have said a creditor can put a claim on the debtor spouse’s share, but they can’t actually take the house while the other spouse is still alive.
If the spouse who owes the money dies first, that claim disappears completely and the surviving spouse ends up owning the house free and clear.
If the spouse who owes the money outlives the other one, the creditor can then go after it. One exception: if both spouses owe the same debt together, that protection doesn’t apply.
Divorce Changes Everything
Tenancy by the Entirety only exists because the couple is married. The moment a divorce is finalized, this type of ownership ends automatically and the house switches over to the more basic Tenancy in Common. All that extra protection, and the automatic right to inherit the house, goes away at that point.
The Bottom Line
Both types keep a house out of probate court when someone dies. But Joint Tenancy is open to anyone and offers very little protection if one owner runs into money trouble.
Tenancy by the Entirety is only for married couples, but it offers much stronger protection since neither spouse can act alone, and it only lasts as long as the marriage does.
