One of the few remaining common-law entireties states
Michigan is one of the minority of states that has retained the common-law tenancy by the entirety. Tenants by the entirety must be married to each other, and hold under a single title with an automatic right of survivorship. Neither spouse acting alone can transfer any interest in the property — both signatures are required for a valid conveyance or mortgage.
Real, meaningful creditor protection
The protection this form offers goes well beyond survivorship. Under Michigan law, the creditors of just one spouse generally cannot levy on property held as tenancy by the entirety at all. Only a creditor holding a judgment against both spouses jointly can reach it. This makes entireties property meaningfully more protected than an ordinary joint tenancy, where each co-owner's separable share can be reached by that individual's own creditors.
A statute that extends the same idea to personal property
Michigan Statute 557.151 takes this concept beyond real estate. Bonds, stock certificates, mortgages, promissory notes, debentures, and other evidences of indebtedness made payable to a husband and wife are held by them in joint tenancy, in the same manner and subject to the same conditions as real estate jointly held by a husband and wife under Michigan law — with full right of ownership by survivorship. Michigan courts have recognized a statutory presumption that this kind of property is actually held by the entirety, not as an ordinary joint tenancy, unless an intent to hold it otherwise was affirmatively expressed.
The case of the mislabeled bank account
A real Michigan Supreme Court case shows how strong this presumption is. A creditor held a judgment against only the husband and tried to garnish accounts the couple held together, pointing to the bank's own internal records — which labeled the accounts "JTWROS," an abbreviation for "joint tenants with right of survivorship." The court held that this labeling, by itself, didn't overcome the statutory presumption that the accounts were held by the entirety. Without some affirmative expression of an intent to hold the property otherwise, the entireties presumption controlled — and the creditor couldn't reach the accounts.
Why "joint tenants" plus "husband and wife" still means entirety
Michigan case law addresses a related wrinkle directly: using the phrase "as joint tenants" together with language identifying the owners as husband and wife doesn't create an ordinary joint tenancy instead of an entireties estate. That's because an estate by the entirety is itself considered a form of joint tenancy under Michigan law, and the two terms get used interchangeably in this specific spousal context — so spousal language paired with joint-tenancy language doesn't signal an intent to opt out of entireties treatment.
Unmarried co-owners need express language
None of this special treatment extends to unmarried co-owners. For property conveyed to people who aren't married to each other, Michigan requires an express declaration of joint tenancy with right of survivorship in the deed itself; without it, the co-ownership defaults to a tenancy in common, with no survivorship, and a co-owner's share goes through probate.
A different route for real estate
Tenancy by the entirety and ordinary joint tenancy aren't the only ways to keep Michigan real estate out of probate. See our guide to the Michigan Lady Bird deed for a tool that works without adding anyone as a co-owner at all.