Ownership by the entirety is a form of ownership established by State law. Ordinarily
it can be dissolved only by death, divorce, or the mutual consent of both parties.
Of the 6 States in Region VIII only Wyoming recognizes ownership by the entirety.
In the other 5 States no property may be a nonresource based on an allegation that
ownership is held by the entirety. Statements from co-owners that they will not consent
to the sale of the property will not be accepted as evidence of a restriction on the
right to sell a property interest.
If an individual alleges ownership by the entirety of property located in Wyoming
or in States outside of Region VIII, obtain a copy of the deed. If the deed specifically
states that the owners are joint tenants or tenants in common, assume the individual
has the right to sell the interest in the property in the absence of other legal restrictions.
If the deed shows ownership by the entirety, submit the case to the ARC, Programs,
Attention: Assistance/Insurance Programs Branch for review.