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

Asked almost 5 years ago - Summerland Key, FL

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)

  1. David Michael Goldman

    Pro

    Contributor Level 16

    Answered . 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

  2. Dennis Andrew Chen

    Pro

    Contributor Level 17

    Answered . 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.

  3. Joshua Thomas Keleske

    Contributor Level 10

    Answered . 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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