What Is Estate by the Entirety?
Estate by the entirety (tenancy by the entirety) is a form of property ownership available exclusively to married couples in Florida. Both spouses own the entire property as a single legal unit, with automatic right of survivorship and significant creditor protection.
Key Features
- Right of survivorship: When one spouse dies, the surviving spouse automatically owns the entire property
- Undivided ownership: Neither spouse owns a separate, divisible interest
- Consent required: Neither spouse can sell, mortgage, or transfer the property without the other's consent
- Creditor protection: A creditor of only one spouse cannot force sale of the property
- Probate avoidance: Property passes automatically to the survivor outside of probate
Asset Protection Benefits
Florida's tenancy by the entirety provides powerful asset protection:
- Individual creditors of one spouse cannot reach entireties property
- Only joint creditors (debts owed by both spouses) can attach the property
- Protection extends to real property, bank accounts, and personal property
- One of the strongest non-exempt asset protection tools in Florida
Creation and Termination
- Creation: Conveyance to a married couple is presumed to create entireties ownership in Florida
- Divorce: Automatically converts to tenancy in common upon divorce
- Death: Surviving spouse takes full ownership automatically
- Joint conveyance: Both spouses can voluntarily convey or mortgage the property together
Related Terms
- Equity — The ownership interest protected by entireties ownership
- Estate Planning — Planning that incorporates entireties ownership
- Encumbrance — Liens that may affect entireties property
Barnes Walker Estate Planning
Barnes Walker's attorneys advise married couples on using tenancy by the entirety as part of a comprehensive Florida asset protection and estate planning strategy. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC