Bradenton, FL asked in Real Estate Law for Florida

Q: House title "husband and wife"

The title to our house in Florida reads "John Doe and Jane Doe, husband and wife". Although the deed does not specifically say "Joint Tenants with Right of Survivorship" or "Tenancy by the Entirety", am I correct that the term "husband and wife" after our names means that upon the death of one of us, title passes to the surviving spouse, without the need to go thru probate?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Yes, that is one effect of Florida's homestead provisions, provided that you live in the home together, the real estate meets certain size standards, etc.

1 user found this answer helpful

Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: Yes. The language creates a tenancy by the entirety in Florida, so the survivor is the owner of the property upon the recording of a death certificate of the non-surviving spouse.

1 user found this answer helpful

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