Tenancy by the Entirety

Definition: Tenancy by the Entirety is a special form of joint property ownership available only to married couples (and in some cases, legally recognized spouses) where both partners hold an undivided interest in the property as a single legal entity. It includes the **right of survivorship**, meaning if one spouse dies, full ownership automatically transfers to the surviving spouse. This ownership type also offers protection from individual creditors of one spouse, as neither can sell or encumber the property without the other’s consent.

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What Is Tenancy by the Entirety?

Tenancy by the entirety is a special form of joint property ownership available only to married couples. The spouses own the property as a single legal unit, with a right of survivorship — when one spouse dies, the survivor automatically owns the whole, outside of probate. In Florida it also provides powerful protection against the creditors of just one spouse.

Key Features in Florida

How It Is Created and Ended

Florida presumes that real property conveyed to a married couple is held as tenancy by the entirety, and the form can also apply to bank accounts and other assets that meet the required "unities." It generally ends only by the death of a spouse, divorce (which converts it to a tenancy in common), or the spouses' joint agreement to transfer the property. Because of its survivorship and creditor-protection features, how a married couple holds title is an important planning decision.

Related Terms

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Barnes Walker's attorneys advise Florida married couples on titling, survivorship, and creditor protection. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

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, Shea & Robinson, 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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