How to Hold Title to Florida Real Estate
Florida co-owners can hold title as tenants in common (no survivorship), joint tenants with right of survivorship (which must be expressly stated under Fla. Stat. § 689.15), or — for married couples only — tenants by the entireties, a form that protects the home from a creditor of just one spouse.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. How you hold title carries survivorship, tax, and creditor trade-offs — get advice from a Florida attorney before changing a deed.
The way a Florida deed is worded — how you “hold title” — controls what happens to the property when an owner dies and, in some cases, whether a creditor can reach it.
The main ways to hold title
- Tenancy in common — two or more owners with separate, transferable shares and no right of survivorship. Each owner’s share passes through their own estate at death and can be sold or left to heirs independently.
- Joint tenancy with right of survivorship — when one owner dies, their share passes automatically to the surviving owner(s). In Florida there’s a catch: under Fla. Stat. § 689.15, the right of survivorship is abolished unless the instrument expressly provides for it. If the deed doesn’t say so, the law treats co-owners as tenants in common.
- Tenancy by the entireties — available only to married couples. This common-law form carries survivorship and a powerful creditor protection: a creditor of only one spouse generally cannot reach property held as tenants by the entireties.
Why the wording matters
Because § 689.15 abolishes automatic survivorship, the single most important drafting point is to expressly state the right of survivorship if that’s what the owners want — otherwise a surviving co-owner may be surprised to find the deceased owner’s share heading through their estate.
Married couples should understand whether they hold as tenants by the entireties, since that status is what shields the home from a creditor of one spouse. The deed itself must still meet Florida’s execution formalities, including two witnesses.
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Start your free intakeFrequently asked questions
- Does Florida assume a right of survivorship between joint owners?
- No. Under Fla. Stat. § 689.15, the right of survivorship is abolished unless the deed expressly provides for it. If the instrument is silent, co-owners are treated as tenants in common with no survivorship.
- What is tenancy by the entireties in Florida?
- It's a form of co-ownership available only to married couples. It carries a right of survivorship and offers creditor protection — a creditor of only one spouse generally cannot reach property held as tenants by the entireties.
- What's the difference between tenancy in common and joint tenancy?
- Tenants in common own separate, transferable shares with no survivorship — each share passes through that owner's estate. Joint tenants with right of survivorship pass their share automatically to the surviving owner, but in Florida that survivorship must be expressly stated (§ 689.15).
Sources
Related guides
- Buying and Selling a Home in Florida A Florida deed must be signed before two subscribing witnesses (Fla. Stat. § 689.01) and recorded in the county. Florida has no general statutory seller's-disclosure form, but under Johnson v. Davis (1985) a seller must disclose known material defects that aren't readily observable — even in an 'as is' sale.
- Florida Condos and HOAs Florida condominiums are governed by the Florida Condominium Act (ch. 718) and homeowners' associations by ch. 720. These laws set association powers, owner rights, required disclosures, and meeting and records rules. Chapter 718 has been amended frequently — including post-Surfside structural-inspection and reserve requirements — so confirm the current rule.
- Florida Evictions: The Process & Rent Deposit Rule Florida residential evictions go through county court. For nonpayment, the landlord serves a 3-day notice (§ 83.56(3)) and then files. A tenant who raises any defense other than payment generally must deposit accrued rent into the court registry — failing to deposit within 5 business days of being served waives defenses other than payment (§ 83.60(2)). Self-help lockouts are illegal.
- Florida Homestead: Tax Exemption & Creditor Protection Florida homestead is two protections. The property-tax exemption (Fla. Const. Art. VII, § 6; § 196.031) takes up to $50,000 off assessed value, and Save Our Homes caps annual assessment increases at the lower of 3% or CPI. Separately, the creditor protection (Art. X, § 4) shields your home from forced sale by most creditors with no dollar cap on equity, subject to acreage limits and exceptions.
- Florida Landlord–Tenant Rules: Deposits & Notice Florida residential rentals follow the Residential Landlord and Tenant Act (Part II of ch. 83). Key timelines: a deposit must be returned within 15 days if no claim, or the landlord must send a 30-day certified-mail notice to keep part of it; month-to-month termination now needs 30 days' notice; and a 3-day notice is required before terminating for unpaid rent.
- Related area: Business Law in Florida