Tenancy by the Entirety

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Tenancy by the Entirety Information

Tenancy by the Entirety (TBE) is designed to strengthen marital property rights and provide legal and financial protection for spouses. It differs from **joint tenancy** or **tenancy in common** because it treats both spouses as one legal owner. This means that neither spouse can independently sell, mortgage, or transfer their interest without the other’s agreement. Additionally, the property is shielded from creditors of one spouse — only joint debts of both spouses can attach to it. TBE can apply to both **real property** (like a home) and **personal property** (like bank accounts) if the ownership is clearly titled as such. Upon the death of one spouse, the surviving spouse automatically owns the property outright, bypassing probate entirely.

Florida Legal Definition

Under **Florida Statutes Section 689.11** and established Florida case law, **Tenancy by the Entirety** exists when real or personal property is conveyed to a husband and wife together, with the intent to create a single, indivisible ownership interest. Florida law presumes that property owned jointly by spouses is held as tenancy by the entirety unless otherwise stated. The six unities required for a valid TBE are **possession, interest, title, time, marriage, and survivorship**. This ownership form provides powerful **creditor protection**, as the property cannot be seized to satisfy the individual debts of one spouse. Florida’s recognition of TBE extends to both real estate and certain jointly titled personal property, such as bank accounts.

How It’s Used in Practice

In practice, **Tenancy by the Entirety** is commonly used by married couples in Florida to own their primary residence, vehicles, or joint financial accounts. For example, if a married couple purchases a home together and the deed names them as “husband and wife,” Florida law presumes the property is held as TBE. This means that if one spouse incurs separate debt, a creditor cannot place a lien on the property. Couples often use TBE ownership as part of asset protection and estate planning strategies to ensure automatic transfer of ownership upon death and to reduce exposure to creditor claims. Attorneys typically confirm or draft deeds and titles to reflect the correct TBE designation for maximum legal protection.

Key Takeaways

• **Tenancy by the Entirety (TBE)** is a form of ownership exclusive to married couples that includes the right of survivorship.
• Neither spouse can sell or encumber the property without the other’s consent.
• Under Florida Statutes Section 689.11, TBE ownership offers protection from individual creditors of either spouse.
• Property passes automatically to the surviving spouse upon death, avoiding probate.
• Commonly used in Florida for homes, bank accounts, and other jointly owned marital assets.

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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Email: info@barneswalker.com

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