An estate by entirety was the estate which was formerly created by the gift, conveyance, bequest, or other transfer of real estate to husband and wife. They were said to hold by entireties instead of by moieties. The survivor of the two took the whole estate and there was no way in which this right of survivorship could be defeated. Estates by entirety were abolished in Illinois in 1857.

The Supreme Court of Illinois has held,1 that a decree of divorce will change an estate by entirety into an estate in common. The contrary doctrine has been held in a number of states.