Apopka, FL asked in Divorce, Estate Planning and Real Estate Law for Florida

Q: If we bought a house during our marriage and got divorced and remarry each other and one of us dies, who gets the house?

When we bought the house it was tenants in common with right of survivorship after we divorced it automatically converted to tenants in common with 50/50 ownership. Now that we remarried each other will it reconvert to tenants in common with right of survivorship!

1 Lawyer Answer
Paul Michael McDermott
Paul Michael McDermott
  • Sarasota, FL
  • Licensed in Florida

A: Interesting question. In my opinion as a family law attorney, remarriage does not automatically "reconvert" the property title. You might consider executing a Quitclaim Deed - both as grantors and both as grantees to give you both equal rights as "Tenants by the Entireties," which gives married parties 100% rights with right of survivorship - if that's your intention. I recommend you speak with a real estate/real property attorney to be sure to accomplish your objectives.

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