{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-136.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-136.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-136.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-136.html"}],"law_id":85285,"edition_id":1,"section_id":85285,"structure_id":16113,"section_number":"55.1-136","catch_line":"Tenants by the entirety in real and personal property; certain trusts","history":"2001, c. 718, \u00a7 55-20.2; 2006, c. 281; 2015, c. 424; 2017, c. 38; 2019, c. 712.","full_text":"A\n\nSpouses may own real or personal property as tenants by the entirety for as long as they are married. Personal property may be owned as tenants by the entirety whether or not the personal property represents the proceeds of the sale of real property. An intent that the part of the one dying should belong to the other shall be manifest from a designation of the spouses as “tenants by the entireties” or “tenants by the entirety.”B\n\nExcept as otherwise provided by statute, no interest in real property held as tenants by the entirety shall be severed by written instrument unless the instrument is a deed signed by both spouses as grantors.C\n\nNotwithstanding any contrary provision of § 64.2-747, any property of spouses that is held by them as tenants by the entirety and conveyed to their joint revocable or irrevocable trusts, or to their separate revocable or irrevocable trusts, and any proceeds of the sale or disposition of such property, shall have the same immunity from the claims of their separate creditors as it would if it had remained a tenancy by the entirety, so long as (i) they remain married to each other, (ii) it continues to be held in the trust or trusts, and (iii) it continues to be their property, including where both spouses are current beneficiaries of one trust that holds the entire property or each spouse is a current beneficiary of a separate trust and the two separate trusts together hold the entire property, whether or not other persons are also current or future beneficiaries of the trust or trusts. The immunity from the claims of separate creditors under this subsection may be waived as to any specific creditor, including any separate creditor of either spouse, or any specifically described property, including any former tenancy by the entirety property conveyed into trust, by the trustee acting under the express provision of a trust instrument or with the written consent of both spouses.","order_by":null,"text":{"0":{"id":305596,"text":"Spouses may own real or personal property as tenants by the entirety for as long as they are married. Personal property may be owned as tenants by the entirety whether or not the personal property represents the proceeds of the sale of real property. An intent that the part of the one dying should belong to the other shall be manifest from a designation of the spouses as “tenants by the entireties” or “tenants by the entirety.”","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305597,"text":"Except as otherwise provided by statute, no interest in real property held as tenants by the entirety shall be severed by written instrument unless the instrument is a deed signed by both spouses as grantors.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":305598,"text":"Notwithstanding any contrary provision of § 64.2-747, any property of spouses that is held by them as tenants by the entirety and conveyed to their joint revocable or irrevocable trusts, or to their separate revocable or irrevocable trusts, and any proceeds of the sale or disposition of such property, shall have the same immunity from the claims of their separate creditors as it would if it had remained a tenancy by the entirety, so long as (i) they remain married to each other, (ii) it continues to be held in the trust or trusts, and (iii) it continues to be their property, including where both spouses are current beneficiaries of one trust that holds the entire property or each spouse is a current beneficiary of a separate trust and the two separate trusts together hold the entire property, whether or not other persons are also current or future beneficiaries of the trust or trusts. The immunity from the claims of separate creditors under this subsection may be waived as to any specific creditor, including any separate creditor of either spouse, or any specifically described property, including any former tenancy by the entirety property conveyed into trust, by the trustee acting under the express provision of a trust instrument or with the written consent of both spouses.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16113,"edition_id":1,"name":"Joint Ownership of Real or Personal Property","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13391,"metadata":{},"date_created":"2026-06-26 04:06:21","date_modified":"2026-06-26 04:06:21","permalink":{"id":244915,"object_type":"structure","relational_id":16113,"identifier":"3","token":"55.1\/I\/1\/3","url":"\/55.1\/I\/1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13391,"edition_id":1,"name":"Creation and Limitation of Estates","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13327,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":244773,"object_type":"structure","relational_id":13391,"identifier":"1","token":"55.1\/I\/1","url":"\/55.1\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13327,"edition_id":1,"name":"Property Conveyances","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":244771,"object_type":"structure","relational_id":13327,"identifier":"I","token":"55.1\/I","url":"\/55.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63669,"structure_id":16113,"section_number":"55.1-134","catch_line":"Survivorship between joint tenants abolished","url":"\/55.1-134\/","token":"55.1\/I\/1\/3\/55.1-134","metadata":false},{"id":82357,"structure_id":16113,"section_number":"55.1-135","catch_line":"Joint ownership in real and personal property","url":"\/55.1-135\/","token":"55.1\/I\/1\/3\/55.1-135","metadata":false},{"id":85285,"structure_id":16113,"section_number":"55.1-136","catch_line":"Tenants by the entirety in real and personal property; certain trusts","url":"\/55.1-136\/","token":"55.1\/I\/1\/3\/55.1-136","metadata":false}],"previous_section":{"id":82357,"structure_id":16113,"section_number":"55.1-135","catch_line":"Joint ownership in real and personal property","url":"\/55.1-135\/","token":"55.1\/I\/1\/3\/55.1-135","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-136\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 718<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2006, chapter 281<\/a>; in 2015, chapter 424<\/a>; in 2017, chapter 38<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":82357,"section_number":"55.1-135","catch_line":"Joint ownership in real and personal property","order_by":null,"url":"\/55.1-135\/"}],"refers_to":[{"id":70541,"section_number":"64.2-747","catch_line":"Creditor's claim against settlor","order_by":null,"url":"\/64.2-747\/"}],"permalink":{"id":244925,"object_type":"law","relational_id":85285,"identifier":"55.1-136","token":"55.1\/I\/1\/3\/55.1-136","url":"\/55.1-136\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-136\/","token":"55.1\/I\/1\/3\/55.1-136","dublin_core":{"Title":"Tenants by the entirety in real and personal property; certain trusts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-136","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Spouses may own real or personal property as tenants by the entirety for as long as they are married. Personal property may be owned as tenants by the entirety whether or not the personal property represents the proceeds of the sale of real property. An intent<\/span> that the part of the one dying should belong to the other shall be manifest from a designation of the spouses as “tenants by the entireties” or “tenants by the entirety.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise provided by statute<\/span>, no interest in real property held as tenants by the entirety shall be severed by written instrument unless the instrument is a deed signed by both spouses as grantors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any contrary provision of § 64.2-747<\/a>, any property of spouses that is held by them as tenants by the entirety and conveyed to their joint revocable or irrevocable trusts, or to their separate revocable or irrevocable trusts, and any proceeds of the sale or disposition<\/span> of such property, shall have the same immunity from the claims of their separate creditors<\/span> as it would if it had remained a tenancy by the entirety, so long as (i) they remain married to each other, (ii) it continues to be held in the trust or trusts, and (iii) it continues to be their property, including where both spouses are current beneficiaries of one trust that holds the entire property or each spouse is a current beneficiary of a separate trust and the two separate trusts together hold the entire property, whether or not other persons are also current or future beneficiaries of the trust or trusts. The immunity from the claims of separate creditors<\/span> under this subsection may be waived as to any specific creditor<\/span>, including any separate creditor<\/span> of either spouse, or any specifically described property, including any former tenancy by the entirety property conveyed into trust, by the trustee acting under the express provision of a trust instrument or with the written consent of both spouses. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTENANTS BY THE ENTIRETY IN REAL AND PERSONAL PROPERTY; CERTAIN TRUSTS (\u00a7\n55.1-136)\n\nA. Spouses may own real or personal property as tenants by the entirety for as\nlong as they are married. Personal property may be owned as tenants by the\nentirety whether or not the personal property represents the proceeds of the\nsale of real property. An intent that the part of the one dying should belong to\nthe other shall be manifest from a designation of the spouses as “tenants\nby the entireties” or “tenants by the entirety.”\n\nB. Except as otherwise provided by statute, no interest in real property held as\ntenants by the entirety shall be severed by written instrument unless the\ninstrument is a deed signed by both spouses as grantors.\n\nC. Notwithstanding any contrary provision of § 64.2-747, any property of\nspouses that is held by them as tenants by the entirety and conveyed to their\njoint revocable or irrevocable trusts, or to their separate revocable or\nirrevocable trusts, and any proceeds of the sale or disposition of such\nproperty, shall have the same immunity from the claims of their separate\ncreditors as it would if it had remained a tenancy by the entirety, so long as\n(i) they remain married to each other, (ii) it continues to be held in the trust\nor trusts, and (iii) it continues to be their property, including where both\nspouses are current beneficiaries of one trust that holds the entire property or\neach spouse is a current beneficiary of a separate trust and the two separate\ntrusts together hold the entire property, whether or not other persons are also\ncurrent or future beneficiaries of the trust or trusts. The immunity from the\nclaims of separate creditors under this subsection may be waived as to any\nspecific creditor, including any separate creditor of either spouse, or any\nspecifically described property, including any former tenancy by the entirety\nproperty conveyed into trust, by the trustee acting under the express provision\nof a trust instrument or with the written consent of both spouses.\n\nHISTORY: 2001, c. 718, \u00a7 55-20.2; 2006, c. 281; 2015, c. 424; 2017, c. 38;\n2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}