Cape Coral, FL asked in Real Estate Law, Estate Planning and Probate for Florida

Q: My wife and I purchased a house in Florida two years ago from a builder and I have a question about the deed.

It is a special warranty deed in my name and hers (husband and wife) but does not have the phrase "tenents by the entirety " or tenents in common". Nothing other than our two names as buyers. Will she automatically receive the house when I pass without going through probate?

Our wills leave all tangible property to each other.

2 Lawyer Answers
Gregory Herman-Giddens
Gregory Herman-Giddens
Answered
  • Estate Planning Lawyer
  • Chapel Hill, NC
  • Licensed in Florida

A: Yes, if purchased as husband and wife, it's considered tenancy by the entirety, and the home will pass to the surviving spouse with no probate required.

Lauren Nagel Richardson agrees with this answer

1 user found this answer helpful

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Estate Planning Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Based upon what you describe, you took title as tenants in common. If the deed had the phrase after your names, (husband & Wife), then it is automatically with survivorship. If the deed only lists your name and your wife's then you took title as tenants in common.

I suggest that you consult with an estate planning attorney in your area to have the deed reviewed. If it is not with survivorship, then have the attorney draft a new deed fixing the issue.

1 user found this answer helpful

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