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The default way for unmarried couples to hold title in Florida is tenants in common, unless you state otherwise. Tenants in common is a type of title where the couple will share ownership rights and each control a percentage of the property.
If you need to remove a name from a title deed for a property with a mortgage on it, you will need written consent to do so from the lender. Generally, it is easier to obtain this if the person(s) left on the title deed is (are) sufficiently financially secure.
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.
Typically, when married couples are listed under the real estate title as husband and wife a tenancy by the entireties is presumed. At the death of one spouse, the real estate interest passes automatically to the surviving spouse by operation of law similarly to the joint tenancy with right of survivorship.
Its usually a very straightforward transaction, but its possible for a quitclaim deed to be challenged. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.
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If the property is owned as joint tenants with rights of survivorship or as tenants by the entirety, the deceased owners interest passes automatically to the surviving co-owner by operation of law. Generally, it is not necessary to have a new deed prepared removing the deceased co-owner.
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.
A: Yes. According to the Florida constitution, in order to sell or mortgage your home, you must get your spouse to sign the deed or mortgage. This applies even if you owned the property prior to the marriage and even if your spouses name was never on the deed.
If the wifes name is not on the deed, it doesnt matter. Its still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
In Florida, if you are married you can buy a residence without your spouse, but if this residence is your primary residence, your spouse will have to sign the mortgage even if you are only getting the loan in your name.

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