What happens to the ownership of property if a couple that holds it as tenancy by the entirety decides to divorce?

When a couple holding property as tenancy by the entirety divorces, the nature of their ownership changes. Specifically, the property does not remain as tenancy by the entirety because that form of ownership is only valid for married couples. Instead, it is converted into a tenancy in common.

In a tenancy in common, each party holds an individual share of the property, which can be sold or transferred independently of the other party. This change recognizes that the couple is no longer together and allows for an equitable division of the property as part of the divorce settlement.

This scenario ensures that both individuals have distinct ownership rights over their respective shares, facilitating the resolution of any disputes about the property’s use or disposition.