What type of holding applies when married persons holding property as tenants by the entireties get divorced in Pennsylvania?

When married persons hold property as tenants by the entireties, they possess a unique form of joint ownership that is only available to married couples. This ownership form provides each spouse with an equal and undivided interest in the property, creating a right of survivorship.

Upon divorce, the property does not remain under the tenants by the entireties designation. Instead, it reverts to a different form of ownership known as tenancy in common. In a tenancy in common, each former spouse holds a distinct share of the property and can independently sell, transfer, or encumber their share without the consent of the other. This change reflects the transition from a unified marital ownership to separate individual interests following the dissolution of the marriage.

Understanding this transition is critical, especially for professionals involved in property analysis and management in Pennsylvania, as it impacts the rights and obligations that come with property ownership after a significant life event like divorce.