Florida joint tenants 2025

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Medicaid rules provide that for jointly owned real estate, such as a home or farm land, the entire value of the property can, in certain circumstances, be disregarded as a non-countable resource, meaning it will not count against the applicant.
With tenants by the entirety, if either owner is sued, the property is exempt from the claims of that creditor. However, with joint tenants with right of survivorship, if EITHER owner is sued, the property is vulnerable to a potential claim or judgment.
However, joint tenancy also has its disadvantages. Potential conflicts between co-owners can arise, especially if they have different ideas about how the property should be used or managed. Another disadvantage is the inability to designate separate shares of the property.
The Florida Supreme Court said that real and personal property owned jointly by a married couple is presumed to be owned as tenants by entireties unless the couple has expressly disclaimed entireties ownership.
Married couples automatically become joint tenants of their property in Florida. But you can also allow other co-owners to enter a joint tenancy agreement. There is no asset protection provided by this type of ownership.
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