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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.
In a Florida divorce a pre-existing house is normally not marital property and therefore is not divided. One exception is if marital funds are used to pay down a mortgage, docHubly improve the house, or are used to refinance the house.
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.
Joint tenancy is a form of co-ownership in which two or more persons, often husband and wife, own property in equal individual interests. Right of survivorship is the key feature of a joint tenancy.
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.
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Both spouses must simultaneously acquire their interests in entireties property while married. Florida law presumes jointly owned marital property is intended to be owned by the entireties. Real estate held by married couples is almost always held as tenants by the entireties.
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.
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.
Utilizing a revocable trust is the best way for a married couple to take title. Titling property in your trust avoids probate upon the death of both the initial and surviving spouses and preserves the capital gains step up for the entire property on the first death.
In the state of Florida, spouses who purchase residential real estate as married individuals for must both be on the title of the home, regardless of whether one or both spouses are responsible for the mortgage payments.

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