Taking title to a primary home in Florida
I hope I can get some good advice please:
We are closing on a new primary home in Florida. I would like the title to state my name, spouses name, as tenants by the entirety. The closing company told me that they have never put "tenants by the entirety" because in Florida this is presumed if the couple is listed as married. They said if we wrote that it would be redundant and the county might send it back and make us redo it. Should I search for another title company or try to convince them to add it, or is it true that for a married couple, if they are listed as married the default presumption is that they are tenants by the entirety (as the title company is telling me)? Thank you so much!
In Florida you take title as:
Joint tenancy with rights of survivorship
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I had to deal with this a lot when I was a Private Client banker back in the day. Technically, the title company is correct. Ramos v. Estate of Ramos, 329 So.2d 172, 173 (Fla. 3rd DCA 2021 was the case that determined that title in Florida is assumed to be taken as "Tenants by the Entireties" unless the titling specifically says otherwise. That being said, unless there is something I am unware of there would be no harm in adding that language on the deed. There is a six-step test to determine whether a married couple can take title in this manner, so you might want to research that including being married and taking title at the same time. If you have questions, ask your asset protection attorney, but review that case to get a better idea of the subject. Good luck to you!
