Under what circumstances is a tenancy by the entirety presumed when property is conveyed?

A tenancy by the entirety is a specific form of concurrent ownership that is recognized in some jurisdictions, including Delaware. It is a type of ownership that can only exist between married couples, characterized by equal ownership and the right of survivorship. This means that if one spouse passes away, the surviving spouse automatically inherits the deceased spouse's interest in the property without the need for probate.

When property is conveyed to spouses, the law presumes the intent to create a tenancy by the entirety, given the nature of the marital relationship and the shared interests in the property. The underlying principle is to promote stability and continuity for married couples in their shared ownership of property, reflecting their united status.

In contrast, other relationships such as business partners, relatives, or joint ventures do not inherently include the legal presumption for this type of tenancy. These forms of ownership have different historical and legal backgrounds that do not recognize the same automatic rights and survivorship features associated with a tenancy by the entirety. As a result, the context of the relationship is crucial in determining the appropriate form of property ownership, with marriage being the defining factor for presuming a tenancy by the entirety.