When married couples hold property in Delaware, how do they typically hold it?

In Delaware, when married couples hold property, they typically do so as tenants by the entirety. This form of ownership is specifically designed for married couples and provides several benefits that align with their marital status.

When property is held as tenants by the entirety, both spouses have equal rights to the entire property, and neither can sell or transfer their interest in the property without the consent of the other. This type of ownership also offers protection against individual creditors; if one spouse has debts, creditors cannot force the sale of the property to satisfy those debts, as the property is considered jointly owned.

This form of holding is particularly important because it reinforces the unity of the marital relationship while also providing legal and financial protections that other forms of ownership, such as joint tenancy or tenancy in common, do not offer. Joint tenancy would allow one spouse to transfer their interest independently, and tenancy in common could lead to complications regarding inheritance and rights upon the death of one spouse. Therefore, for married couples seeking to simplify ownership and enhance protection, tenancy by the entirety is the most appropriate choice in Delaware.