TL;DR: Tenancy by the entirety in Florida is how married couples can hold real property together. The Florida Supreme Court describes real property titled in both spouses’ names as presumed to be held this way, as long as the other unities are established, so a deed does not have to use the phrase to create it. The wording on the deed still matters. Lee County Document Preparation, Inc. types and records deeds from the information you give us in writing. We cannot tell you how to hold title.
If you own a Fort Myers or Cape Coral home with your spouse, you may be wondering whether you hold title by the entirety and what your deed says about it. You can look up your own deed in Lee County and read the line that follows both names. That line, and what it does and does not do, is what this page is about.
We are a non-attorney document preparation service. We prepare, file and record deeds from information you supply. We do not give legal advice, choose an ownership form for you, or offer any opinion on whether a document does what you hope it does.
What Is Tenancy by the Entirety in Florida?
Tenancy by the entirety is a way for a married couple to own property together, with each spouse holding the whole rather than a separate half. The Florida Supreme Court has said that real property titled in both spouses’ names is “presumptively considered to be a tenancy by the entireties as long as the other unities are established”, a rule that does not apply the same way to bank accounts and other personal property.
The label matters because Florida generally refuses survivorship between co-owners. Florida Statute 689.15 says the right of survivorship “shall not prevail in this state” for joint tenants, “except in cases of estates by entirety.” That exception is the one built for spouses.
Because the form depends on the marriage, this page is written for couples. If you own with a sibling, a friend, a partner you are not married to, or an adult child, you are on the wrong page, and the forms that apply to you are tenancy in common and joint tenancy with right of survivorship, which work differently from everything below.
What Does a Couple Need for Tenancy by the Entirety to Apply?
A tenancy by the entirety has six characteristics: unity of possession, unity of interest, unity of title, unity of time, survivorship, and unity of marriage. The last one means the parties must be married when the property became titled in their joint names.
The first four describe how the owners come to hold the property. They take it together, in equal interests, under the same deed, at the same moment. Survivorship is the result: when one owner dies, the other keeps the whole.
Unity of marriage is the cleanest dividing line on the page. It is what separates the entireties form from joint tenancy with rights of survivorship, which can apply to co-owners who are not married. Two people can share a deed and match every other characteristic, and without the marriage at the time of titling, the entireties form is not the one that applies.
What Does the Deed Itself Say, and Why Does the Wording Matter?
A deed does not have to use the phrase “tenants by the entirety” to create the estate, because the presumption attaches to real property titled in both spouses’ names. But the vesting wording on the deed still matters: it can confirm that presumption or it can contradict what the owners intended.
The vesting clause is the short phrase after the grantees’ names that says how they hold title. Wording that matches the owners’ intentions keeps the record clear for the next buyer, lender or title company. Wording that conflicts with it, for example language describing a different form of ownership, is a real problem, even though the wording is not what creates the entireties estate in the first place. What a particular deed’s wording means for your property is a legal question.
Here is what sits on the document itself, and what we do with it:
- The names. Each grantee should appear in full, spelled consistently with the existing deed, so the recorded chain of title reads cleanly.
- The wording. The ownership language is chosen by you or your attorney. We type the vesting wording you give us in writing, and we do not decide whether it achieves a particular result.
- Recording. A signed deed also has to be recorded, which is why we file it with the Lee County Clerk of Court. Our post on witness and notary requirements for a Florida deed lists what the Clerk looks for.
If the wording on your current deed is not what you want, changing it takes a new deed. Our guide to adding a name to a deed in Florida explains how a new deed is prepared and recorded. Which wording to use is a decision for you or a Florida attorney, not for us. If you are researching a Florida survivorship deed in particular, that distinction is the one to bring to an attorney.
What Happens When One Spouse Dies?
When one spouse dies and the property is held by the entirety, the surviving spouse takes the whole property by survivorship rather than through the deceased spouse’s will. The public record still shows both names, so the survivor usually records an affidavit and a death certificate to bring the record up to date.
That is the practical meaning of the Florida right of survivorship for married owners. The share of the spouse who died does not pass to the heirs named in a will, because it was never held as a separate share.
The recorded paperwork is a separate step. Our guide to the affidavit of surviving spouse in Florida walks through what is prepared and recorded, and what the Clerk needs to see. If you are asking about a probate-avoidance plan more broadly, our post on avoiding probate in Lee County separates the routes.
What Happens to Tenancy by the Entirety on Divorce?
On divorce, Florida converts the ownership. Section 689.15 says that when spouses holding by the entirety divorce, “the tenants, upon dissolution of marriage, shall become tenants in common.” The couple no longer holds the property as one unit, and the survivorship feature ends.
That statutory change happens on its own, but it does not update the public record. The deed still shows what it showed before. If the divorce settlement says one spouse keeps the house, a new deed signed by the departing spouse is what moves title in the Clerk’s records.
Our post on what to sign in a quit claim deed during a Florida divorce covers that step. We prepare the deed from the information you provide, and you or your attorney decide what the settlement requires. We do not give an opinion on who is entitled to what.
Entireties and Creditors: What We Can and Cannot Tell You
Tenancy by the entirety is sold online as creditor protection, and many people reach this page because of that claim. We cannot make it for you, and we will not.
The sources quoted on this page cover the presumption, survivorship and divorce. They do not address creditors, and we do not know of a way to state, in a few lines, how this form of ownership interacts with any particular debt, lawsuit or lien. That answer turns on the facts of your situation, and we are not a law office.
We also cannot advise anyone to hold title this way, change how they hold title, or arrange ownership to reach a goal. Whether tenancy by the entirety does anything for you where a creditor is concerned is a question for a Florida attorney.
Frequently Asked Questions
What are the disadvantages of tenancy by the entirety?
The features that define it also limit it. Because the survivor takes the whole property, a spouse cannot leave their share to someone else by will, such as a child from an earlier marriage. And under Florida law the form ends on divorce. Whether those matter in your case is a question for a Florida attorney.
Who benefits from tenancy by the entirety?
Under Florida law, the surviving spouse is the person who takes the whole property by survivorship when the other spouse dies. Whether this form of ownership suits a particular couple depends on their family and finances, and that is a question for a Florida attorney, not for a document preparer.
Does a Florida deed have to say tenants by the entirety?
Not to create the estate. The Florida Supreme Court describes real property titled in both spouses’ names as presumed to be held by the entireties once the other unities are established. The wording on the deed can still confirm or contradict that, and what it means for your deed is a question for a Florida attorney.
Can I hold title as tenants by the entirety with someone I am not married to?
No. Unity of marriage is one of the six characteristics of the form, which requires that the parties be married when the property became titled in their joint names. Co-owners who are not married hold title in other forms, and those are a different subject from this page.
Does Lee County Document Preparation tell me how to hold title to my home?
No. We prepare, file and record deeds from the information you supply in writing, including the ownership wording you give us. We do not give legal advice or choose an ownership form. If you are unsure, talk to a licensed Florida attorney first, then bring us the decision to prepare.
Getting the Deed Prepared in Lee County
When you know the wording you want, the next step is a deed. Lee County Document Preparation, Inc. has served Fort Myers and Lee County since 1997 from our office at 11595 Kelly Rd #215. We serve Cape Coral, Bonita Springs, Naples, Marco Island, Estero, Lehigh Acres, Fort Myers Beach and Sanibel too.
Preparing a deed is $225.00, and recording it with the Clerk is $18.50, plus $8.50 for each additional page over one and $1.00 per name over four. Current figures are on our price page. You can start on the quit claim request form, or see where our role ends and an attorney’s begins in our lawyer vs document preparer guide. Call 239-482-7900 Monday through Friday, 9am to 5pm, or contact us.