Deed Guides
How Should Florida Buyers Take Title?
Direct answer
Florida buyers take title in the form they confirm in the contract or in a written instruction before the deed is drafted. Florida Statutes section 689.15 says the doctrine of the right of survivorship in real estate held by joint tenants shall not prevail in this state unless the instrument expressly provides for it, except in cases of estates by entirety. A deed to two or more people creates a tenancy in common unless that deed expressly provides for survivorship. Tenants by the entirety is a form of ownership for a married couple, and it carries survivorship. An unmarried couple cannot hold as tenants by the entirety. Both spouses generally must join a deed of the whole. Joint tenants have survivorship only when the deed expressly says so. Tenants in common do not have survivorship. A deceased co-owner's share is an estate matter, not an automatic deed to the survivor. Florida has no transfer-on-death deed for a house. Time to Close Title prepares the deed from the vesting the buyers confirm. We do not choose the form, we do not give estate-planning advice, and we do not calculate estate tax, gift tax, or creditor outcomes. On a sale we close, we submit the deed for recording after good funds. A quitclaim we only prepare is recorded by the client.
Key takeaways
- The names and the form of title belong in the contract or a written instruction before the deed is drafted.
- Under section 689.15, survivorship does not prevail unless the deed expressly provides for it, except an estate by the entirety.
- Tenants by the entirety is for a married couple. An unmarried couple cannot hold that way.
- Joint tenants have survivorship only when the deed says so. Tenants in common do not.
- We prepare the deed from the vesting you confirm. We do not choose the form. On a sale we close, we submit the deed after good funds.
What are the three ways Florida buyers take title?
Florida buyers usually take title in one of three forms. Tenants by the entirety. Joint tenants. Tenants in common. The form is a choice the buyers confirm. Time to Close Title does not choose it for them.
Tenants by the entirety is a form of ownership for a married couple, with survivorship. An unmarried couple cannot hold as tenants by the entirety. Both spouses generally must join a deed of the whole.
Joint tenants have survivorship only when the deed expressly says so. Tenants in common do not have survivorship. A deceased co-owner's share is an estate matter, not an automatic deed to the survivor. Read buying a Florida home from an estate. This page does not retell that probate path.
Florida has no transfer-on-death deed for a house. Read Florida transfer-on-death deeds. Survivorship language on a deed is not that instrument.
A married couple's tenancy by the entirety is a different form from tenants in common, and we do not decide whether a particular creditor can reach it.
| Form | Who can hold it | Survivorship | What the deed has to say |
|---|---|---|---|
| Tenants by the entirety | A married couple only. An unmarried couple cannot hold this way. | Yes. Section 689.15 treats an estate by the entirety as the exception. | The deed should say they are married and that they take as tenants by the entirety. Both spouses generally must join a deed of the whole. |
| Joint tenants | Two or more people, married or not. | Only when the deed expressly provides for the right of survivorship. | The instrument has to say that right. Silence does not create it. |
| Tenants in common | Two or more people, married or not. | No. A deceased co-owner's share is an estate matter. | Section 689.15 creates this form when a deed to two or more does not expressly provide for survivorship, other than an estate by the entirety. |
When does a Florida deed include survivorship?
Florida Statutes section 689.15 states the rule. The doctrine of the right of survivorship in real estate held by joint tenants shall not prevail in this state. Except in cases of estates by entirety, a transfer or conveyance to two or more creates a tenancy in common, unless the instrument expressly provides for the right of survivorship.
The same section says that in cases of estates by entirety, the tenants, upon dissolution of marriage, shall become tenants in common. The deed in the official records is still the deed that was signed. A new deed after a divorce is a different article. Read removing a name from a Florida deed after divorce.
The words have to be the words the buyers confirm. Marriage by itself is not a sentence we add at the signing table. If the buyers want tenants by the entirety, the written vesting should say they are married and that they take that way. If they want joint tenants with survivorship, the deed has to expressly provide for that right. If they want tenants in common, the deed should say so. If the shares are not the same, the instruction should state each share. We do not guess a share.
We do not give estate-planning advice. We do not calculate estate tax, gift tax, or creditor outcomes. Documentary stamp tax on a deed is its own article. This page does not quote a stamp rate.
§ 689.15
Survivorship does not prevail unless the instrument expressly provides for it, except an estate by the entirety.
Married only
Tenants by the entirety is for a married couple. An unmarried couple cannot hold that way.
In writing
The names and the form belong in the contract or a written instruction before the deed is drafted.
How do buyers state the form before the deed is drafted?
The names and the form of title belong in the contract or in a written instruction before the deed is drafted. They do not belong as a guess at the signing table. Read what realtors send the title company on day one and a first-time Florida buyer closing.
Homestead joinder is a different rule from how the buyers take title. A spouse who will live there may still have to sign even if the deed is in one name. Read why a Florida homestead spouse must sign. Adding a spouse after the purchase is also a different deed. Read how to add a spouse to a Florida deed. This page does not retell that transfer.
On a sale we close, we submit the deed for recording after good funds. A quitclaim we only prepare is recorded by the client. See quitclaim deeds. Confirm any wire by calling (352) 792-1214. Do not use an account number that arrived only by email.
The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. The Spring Hill office is not the clerk. Contact the office to open the file.
Write the names and the form before the deed is drafted
Put each buyer's name and the form of title in the purchase contract or in a written instruction. Do not leave it as a guess at the signing table. Time to Close Title prepares the deed from the vesting you confirm. We do not choose the form.
Say whether the buyers are married
Tenants by the entirety is a form of ownership for a married couple, with survivorship. An unmarried couple cannot hold that way. Both spouses generally must join a deed of the whole. Section 689.15 says that upon dissolution of marriage, tenants by the entirety become tenants in common. We do not choose the form.
Say whether the deed expressly provides for survivorship
Under section 689.15, a conveyance to two or more creates a tenancy in common unless the instrument expressly provides for the right of survivorship, except in cases of estates by entirety. Joint tenants have survivorship only when the deed expressly says so. Tenants in common do not have survivorship.
Keep death, a later spouse, and homestead separate
A deceased co-owner's share is an estate matter, not an automatic deed to the survivor. Florida has no transfer-on-death deed for a house. Adding a spouse later takes a new deed. Homestead joinder is a different rule from how the buyers take title. A spouse who will live there may still have to sign even if the deed is in one name. We do not give estate-planning advice, and we do not calculate estate tax, gift tax, or creditor outcomes.
Prepare that vesting, then submit the deed after good funds
On a sale we close, we submit the deed for recording after good funds. Confirm any wire by calling (352) 792-1214. A quitclaim we only prepare is recorded by the client. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. The Spring Hill office is not the clerk.
Frequently asked questions
Can an unmarried couple hold Florida real estate as tenants by the entirety?
No. Tenants by the entirety is a form of ownership for a married couple, with survivorship. An unmarried couple cannot hold that way. They take as joint tenants only if the deed expressly provides for survivorship, or as tenants in common if it does not. We do not choose the form.
Do joint tenants in Florida get survivorship automatically?
No. Florida Statutes section 689.15 says the doctrine of the right of survivorship shall not prevail unless the instrument expressly provides for it, except in cases of estates by entirety. Joint tenants have survivorship only when the deed expressly says so.
What happens when one tenant in common dies?
The deceased co-owner's share is an estate matter, not an automatic deed to the survivor. Read buying a Florida home from an estate. This page does not retell that probate path. Florida has no transfer-on-death deed for a house. Read Florida transfer-on-death deeds.
Does Florida allow a transfer-on-death deed for a house?
No. Florida has no transfer-on-death deed for a house. Read Florida transfer-on-death deeds. A survivorship sentence on a deed the buyers confirm is not that instrument. We do not choose a substitute, and we do not give estate-planning advice.
Is homestead joinder the same as how the buyers take title?
No. Homestead joinder is a different rule. A spouse who will live there may still have to sign even if the deed is in one name. Read why a Florida homestead spouse must sign. That signature does not pick tenants by the entirety, joint tenants, or tenants in common.
Can a spouse be added to the deed after closing?
That is a new deed, not a note written on the old one. Read how to add a spouse to a Florida deed. We prepare that deed. The client records it. This page does not retell those steps. Documentary stamp tax on a deed is a separate article. This page does not quote a rate.
When do the names and the form have to reach the title company?
Before the deed is drafted. Put them in the contract or in a written instruction. Do not guess at the signing table. Read what realtors send on day one and a first-time Florida buyer closing. On a sale we close, we submit the deed for recording after good funds. A quitclaim we only prepare is recorded by the client. Confirm a wire by calling (352) 792-1214. The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. The Spring Hill office is not the clerk. Contact the office.