TL;DR: In Florida, two or more people who take title together are tenants in common unless the deed expressly provides for the right of survivorship (Fla. Stat. 689.15). Tenants in common each own a share that passes through the estate of whoever dies, not automatically to the co-owner. Joint tenancy with right of survivorship exists only when the deed says so. We prepare the deed you decide on; we do not choose for you.
If you own Florida property with someone you are not married to, such as a sibling, a friend, a partner or an adult child, the way your deed describes your ownership decides what happens when one of you dies. Tenants in common in Florida is the default, and changing it takes specific words on a recorded deed. If you are still at the stage of putting a second name on title, start with how to add a name to a deed in Florida.
Lee County Document Preparation, Inc. is a non-attorney service in Fort Myers. We type, file and record deeds from information you give us in writing. We do not give legal advice or tell you which form of ownership to use.
What Does Tenants in Common Mean in Florida?
Tenants in common in Florida each own a separate share of the same property. An owner can sell, give away or leave their share in a will without the other owners signing, and when an owner dies, that share goes to their heirs through their estate, not automatically to the surviving co-owners.
That is the whole idea: co-owners, separate shares. Three siblings who inherit a Cape Coral house, two friends buying a Bonita Springs condo, or a parent adding an adult child to a Fort Myers home can all be tenants in common. Nothing makes the survivor take everything unless the deed says so, which is the next section.
Married to the person you own with? That is a different rule, covered in our post on tenancy by the entirety in Florida. This post is for co-owners who are not married to each other.
Florida’s Default Rule, and the Sentence a Deed Needs to Change It
Florida starts from tenancy in common. Under Fla. Stat. 689.15, a conveyance to two or more people creates a tenancy in common unless the deed expressly provides for the right of survivorship. If the deed says nothing about survivorship, a dead owner’s share goes through their estate, not to the co-owner.
Here is the statute’s own language:
“The doctrine of the right of survivorship in cases of real estate and personal property held by joint tenants shall not prevail in this state; that is to say, except in cases of estates by entirety, a devise, transfer or conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly provide for the right of survivorship.”
Translated into what has to appear on a deed, that sentence has three parts.
The default is tenancy in common. A deed to “Maria Lopez and James Reed” with nothing more creates a tenancy in common, even though no one wrote those words. Florida law supplies the result when the deed is silent.
Survivorship must be express. The statute requires that the instrument itself “expressly provide for the right of survivorship.” A private understanding between the owners does not count. The words have to be on the recorded deed.
The statute supplies no model sentence. The text we reviewed asks for express provision and stops there. Deeds that create the right commonly say something like “as joint tenants with right of survivorship, and not as tenants in common.” Whether a looser phrase satisfies the statute is a legal question we cannot answer, so we type the exact words you give us and do not improvise.
The practical stakes arrive at a death. With no survivorship wording, the deceased owner’s share is part of their estate, distributed under their will or Florida’s rules for people without one. That often raises a probate question, which our post on avoiding probate in Lee County and our explainer on the affidavit of heirs lay out.
Joint Tenancy with Right of Survivorship in Florida
Joint tenancy with right of survivorship in Florida is co-ownership where the deed expressly says that when one owner dies, the surviving owners take the whole property. In Florida it exists only when the instrument says so, as Fla. Stat. 689.15 requires. Without that wording, the owners are tenants in common.
Survivorship wording is the only thing separating the two forms on the page. The survivor does not need a will to receive the share, because the deed already answered the question. The survivor will usually still need to record proof of the death, and what that involves is worth asking an attorney.
| Tenants in common | Joint tenancy with right of survivorship | |
|---|---|---|
| Deed wording needed | None. It is Florida’s default | Express survivorship wording |
| When an owner dies | Their share goes through their estate | The surviving owners take the property under the deed |
| Who decides where the share goes | The dead owner’s will, or Florida’s rules without one | The deed |
What happens to survivorship when one owner later sells, mortgages or deeds away their interest is a legal question. Raise it with an attorney before a new deed is signed.
How Do You Check Whether Your Deed Says Tenants in Common or Joint Tenancy?
Pull the recorded deed that put the current owners on title and read the words after their names. Survivorship wording, such as “with right of survivorship,” points to joint tenancy. No survivorship wording means tenants in common under Florida law. Recorded deeds in Lee County can be looked up through the Clerk of Court.
Our post on how to look up a deed in Lee County walks through finding it. Read the deed that last conveyed title to the present owners, since an older deed in the chain may differ. If your copy is hard to read, we can obtain a copy of a prior deed for $25.00.
Reading a deed is not interpreting it. If the wording is unclear, ask a Florida attorney what it means. We can say what a document states on its face, not what it does legally.
Changing How Title Is Held Means a New Deed
A recorded deed cannot be edited. Moving from tenants in common to joint tenancy with right of survivorship, or the reverse, or adding or removing an owner, takes a new deed signed by the people who hold title, with the wording they have decided on, then recorded with the Lee County Clerk of Court.
Two things come along with any new deed. Florida’s execution rules still apply, covered in our post on Florida deed witness and notary requirements. And a transfer can touch a mortgage or a tax bill: see quit claim deeds and mortgages in Florida and the documentary stamp tax. Anything beyond the paperwork is for an attorney. To take a name off instead, see how to remove someone from a deed in Florida.
What it costs. Our price list shows $225.00 to prepare a deed and $18.50 to record it, plus $8.50 for each additional page over one and $1.00 per name over four. Documentary stamp tax is separate, at .007 times the sales price or consideration, with a 70 cent minimum.
Who chooses. Which form of ownership suits you is a legal question, because it ties into your estate and your family. We do not recommend one; our page on lawyer vs document preparer in Florida explains where that line sits. Once you have decided, start a quit claim deed request and we will prepare the deed from the information you supply.
Frequently Asked Questions
What is the downside of tenants in common?
Each owner controls only their own share, so a co-owner can sell their share to an outsider, and a dead owner’s share goes to their heirs, who then co-own with you. These are features of the form, not defects, and whether they matter depends on your situation. That is a question for a Florida attorney.
Does a tenant in common have a right of survivorship in Florida?
No. Under Fla. Stat. 689.15, a deed to two or more people creates a tenancy in common unless it expressly provides for the right of survivorship. A tenant in common’s share goes through their estate when they die, not automatically to the co-owner.
What is the difference between tenants in common versus joint tenants?
The difference is survivorship wording on the deed. Tenants in common each hold a share that passes through their own estate. Joint tenants with right of survivorship hold under a deed that says the survivor takes the whole property. In Florida, the second form needs express wording.
Does Lee County Document Preparation tell me how to hold title?
No. We prepare, file and record deeds from the information you supply in writing. We do not give legal advice or choose a form of ownership. If you are unsure, talk with a licensed Florida attorney first, then bring the decision to us to prepare.
Have decided how title should read? Call Lee County Document Preparation, Inc. at 239-482-7900 or contact us. We serve Fort Myers, Cape Coral, Bonita Springs, Naples and the rest of Lee County from 11595 Kelly Rd #215, Fort Myers, FL 33908, Monday to Friday, 9am to 5pm, and have prepared real estate documents since 1997. For how the main deed types differ, see types of deeds in Florida.