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In Florida if husband and wife are listed on the deed, if one dies does the home automatically go to the survivor?

Summerland Key, FL |
Filed under: Estate planning

Our home, owned free and clear, has both our names on the deed but does not have the Joint Tenancy wording. Does the home automatically pass to the surviving spouse upon death of the other spouse or must it go through probate?

Attorney Answers 3


The deed does not have to say Joint Tenancy. In Florida, if the deed says John Doe & Jane Doe as husband and wife, that signifies a tenancy by the entireties which automatically gives the surviving spouse full title to the real property. You should have an attorney review your deed to be sure it meets the requirements of Florida law.

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Real Estate owned by a husband and wife is presumed to be owned with a right of survivorship, unless that property was acquired prior to marriage. Oftentimes, title companies will confirm this survivorship right by noting on the deed that it is owned by John Doe and Jane Doe, his wife, or other similar wording.

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Generally the deed does not have to have with rights of survivorship on it. For other issues on probate, you may review the Florida Probate Handook

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