Joint Tenancy with Right of Survivorship in Florida
Joint tenancy with right of survivorship (JTWROS) is a co-ownership form in which equal, undivided interests automatically pass to surviving joint tenants at death, outside of probate. In Florida, JTWROS must be expressly created in the deed.
Creation Requirements
- Express deed language: "as joint tenants with right of survivorship, and not as tenants in common"
- Without express language, Florida presumes tenancy in common
- Available to any co-owners (not limited to spouses)
Four Unities
- Time: All interests acquired simultaneously
- Title: All created by the same instrument
- Interest: All hold equal shares
- Possession: All have right to entire property
JTWROS vs. Tenancy by the Entirety
- JTWROS: any co-owners; no individual creditor protection
- Tenancy by entirety: married couples only; individual creditor protection
- Both provide survivorship (automatic transfer at death)
Related Terms
- Tenants in Common — No survivorship co-ownership
- Tenancy by the Entirety — Spousal ownership
- Deed — Title transfer instrument
Barnes Walker Real Estate
Barnes Walker’s attorneys advise on co-ownership structuring for Florida real property transactions. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC