TBE Married Ownership in Florida
FL TBE married ownership: common law origin. Beal Bank v. Almand (2001): extends to personal property. Presumed for married couples. Transfers: both spouses must sign (deed, mortgage). Homestead: Section 689.111 both join. One-spouse deed: void. Estate: right of survivorship (no probate), passes outside will, stepped-up basis on decedent’s half, and elective share includes (Section 732.2035). Coordinate with wills, trusts, and beneficiaries.
Legal Basis
- Common law, FL statehood
- Beal Bank: extends to personal property
- Presumed for married couples
Transfers
- Both spouses must sign
- Homestead: Section 689.111
- One-spouse deed: void
Estate Planning
- Survivorship, no probate
- Passes outside will
- Stepped-up basis on decedent’s half
Related Terms
- FL TBE — Overview
Barnes Walker Estate Planning
Barnes Walker’s attorneys advise on TBE in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC