Florida Investors/Residents (FL statute) - Need help with deed
Hi-
I'm trying to make sense of a Florida Statute.
Recently did a "Will" with my partner as a result of estate planning. When the primary property was purchased, the deed did not have "right of suvivorship" or "tenants in common" language added. I'm not sure why but after many years and learning more about RE I am now being presented with a different deed change to say "tenants by the entireties" this being for the purpose of "creditor protection".
I read up on this and found that in divorce or death it appears it can be challenged and the surviving spouse would in fact still be liable for the deceased debt and the "tenants by the entireties" may not have any bearing.
The current deed basically just has our names stating "unmarried persons", which we are married now but not when we purchased the home.
I contacted an attorney who was the one suggesting the "tenants by the entireties" and what lead me to the statue below.
Does anyone understand the language in this statute?
I'm trying to figure out just what we need to do for deed changes as protection, the attorney said the "Will" gives us some protection but "better" protection is to do the "tenants by the entireties".
Thanks BP!
The 2016 Florida Statutes
| Title XL REAL AND PERSONAL PROPERTY | Chapter 689 CONVEYANCES OF LAND AND DECLARATIONS OF TRUST | View Entire Chapter |
689.15 Estates by survivorship.—The doctrine of the right of survivorship in cases of real estate and personal property held by joint tenants shall not prevail in this state; that is to say, except in cases of estates by entirety, a devise, transfer or conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly provide for the right of survivorship; and in cases of estates by entirety, the tenants, upon dissolution of marriage, shall become tenants in common.
History.—s. 20, Nov. 17, 1829; RS 1819; GS 2294; RGS 3617; CGL 5482; s. 3, ch. 20954, 1941; s. 1, ch. 73-300.