Central Florida guide to deeds and property ownership: Essential insights for Realtors, homeowners and buyers | The Title Firm

Oct 8

2 min read

Whose name is on the deed matters. But HOW they hold title matters just as much.

In Florida, the type of tenancy determines ownership rights, what happens when an owner dies, and what protections may exist against creditors.

Here's what every Florida real estate professional should know.

1. Tenants in Common (TIC) Ownership

Two or more people own an interest in the same property. Their ownership percentages can be equal or unequal.

Survivorship: None. A deceased owner's interest passes to their heirs or beneficiaries.
Probate: Generally required to establish succession to the deceased owner's interest unless another legal exception applies.
Creditor Protection: An owner's interest can generally be reached by their individual creditors, subject to applicable exemptions.
Divorce: Ownership remains subject to the divorce judgment and any required conveyance.

2. Joint Tenants with Right of Survivorship (JTWROS) Ownership

Two or more people own property with an express right of survivorship.

Survivorship: Yes. The deceased owner's interest automatically passes to the surviving owner or owners.
Probate: Generally not required to transfer the deceased owner's interest.
Creditor Protection: An individual owner's interest may be subject to creditor claims.
Divorce: Florida law generally terminates survivorship rights between former spouses upon divorce unless otherwise provided.

3. Tenants by the Entireties (TBE) Married / Husband and Wife

A special form of ownership available only to married spouses who satisfy Florida's legal requirements.

Survivorship: Yes. The surviving spouse automatically becomes the sole owner.
Probate: Generally not required to transfer ownership upon the first spouse's death.
Creditor Protection: Generally protected against the individual debts of only one spouse, but not joint debts or certain exceptions.
Divorce: Converts to tenancy in common upon dissolution of marriage, unless the divorce proceedings establish a different disposition.

Quick Comparison

Tenancy	Survivorship	Individual Creditor Protection
Tenants in Common	No	Generally No
Joint Tenants with Right of Survivorship	Yes	Generally No
Tenants by the Entireties	Yes	Generally Yes, for one spouse's debts

The Title Boss Tip

Never assume that two names on a deed automatically mean the surviving owner inherits the property.

And never assume that because two owners are married, the deed necessarily establishes tenancy by the entireties.

One incorrectly prepared deed can turn a simple future sale into a probate problem.

Before you list it, understand who actually owns it.

At The Title Firm, we help Florida real estate professionals identify potential title issues before they become closing delays.

Have a question about ownership or tenancy? Ask The Title Firm.

This guide provides general Florida real estate education. Homestead rights, creditor exceptions, and individual circumstances may affect the outcome.