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Generally, both spouses should be titled in the deed of the familys primary residence (homestead), a second home, or even a vacation home. Different forms of joint ownership permit couples to hold the title of property in Florida, including tenancy by the entirety.
The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.
The chief distinction between joint tenancy and tenancy in common is that joint tenancy creates a right of survivorship. A joint tenants share of the property passes to the other joint tenant(s) upon death. As such, joint tenants cannot leave their portion of the property to a third party in their Will.
Sometimes, however, the home may be owned in one spouses name alone, or perhaps in one of the spouses trusts alone. In that situation, even though the surviving spouses name is not on the deed, the surviving spouse has rights to that property under Floridas constitution.
Spouses typically acquire title as tenants by the entireties, which only applies to spouses. Sometimes you will see a couple who acquired the property before marriage. In some states, a pre-marital joint tenancy automatically becomes tenants by the entireties upon marriage.
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The husband and the wife must receive title in the same deed or other instrument; The husband and the wife must receive the same interest; and. The husband and the wife must have equal right to control or possess the property.
How do I add my new spouse to my existing home? ANSWER: You may add them to the title of the home through a process called a Quit Claim Deed. Here in Florida, you can a quit claim deed from any title company, real estate attorney or family law attorney.
(Please note, the fee for our office to add someone to your deed is $650.00, plus recording costs and documentary stamps recordings costs are normally less than $50.00.)
Because Florida is not a community property state, property held by either spouse alone is considered separate property and is not available to collect by a creditor of the non-owner spouse. Furthermore, any Florida assets held jointly as tenants by entireties are exempt from creditors of either spouse.
Holding Title as a Married Couple In Florida, married couples can own a title in the form of a Tenancy by the Entirety, where each spouse is the owner of the entire property.

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