So, what if two spouses co-own real estate as “husband and wife” or “as spouses”? Does that create a presumption of a Florida tenancy by the entireties with a right of survivorship? And what about personal property like gold or Rolexes or other valuable assets? If two spouses in Florida take title to personal property, is there a presumption of a right of survivorship such as tenants by the entireties? Consider reading two, maybe three, Florida cases to learn all you need to know (almost !) about tenancy by the entireties. We have previously provided legal commentary on Florida joint bank accounts, now read about real estate in Florida and husbands, wives and spouses. Valuable Survivorship Rights for Florida Wives, Husbands So, there is a lot to know about tenancies in common and joint tenancies. A co-tenant owns a percentage or part of the whole. This is typically based upon their contribution of the purchase price. Sometimes, it’s by agreement of the co-tenants. If a co-tenant dies, his or her share “goes” to their estate. BUT, a joint tenancy creates a survivorship feature, automatically by operation of law. In Florida, the status of a wife or husband, a spouse, is special. You get special rights ! And I’m not necessarily talking about homestead rights, or elective share. If two spouses take real estate in Florida as “husband and wife”, it creates a special ownership. There is a legal presumption that the Florida deed creates a tenancy by entireties. This is […]