In US law, the title of a property is a legal concept that refers to the “bundle of rights” in a property. Multiple parties can hold the title of a house, owning either a legal interest or equitable interest in the property.
In this article, you will discover whether both spouses must be on the title of a property in Florida.
Should Both Spouses be on House Title in Florida? – An Introduction
In layman’s terms, the title of a property is the legal way to show who owns the property. Each property has a legal title instrument. When a property is transferred from one party to another, they need to sign and record a deed to change the property’s ownership.
Within state jurisdiction, multiple individuals can own a single residential property, including married individuals. Florida is not a community property state. Accordingly, the assets acquired by spouses during the period they remain married are not considered community property.
State law permits several forms of joint ownership, including joint tenancy with rights of survivorship, tenancy in common, and tenancy by the entirety. Tenancy by the entirety is a form of joint ownership exclusive to married couples in Florida.
Under tenancy by the entirety, married couples hold an equal interest in a property. Instead of holding 50/50 ownership, each spouse owns the property in its entirety.
Tenancy by the entirety also grants rights of survivorship. If one of the spouses dies, the surviving spouse automatically receives the property without the need for probate or intestacy court.
Should Both Spouses be on House Title in Florida? – A Realistic Overview
Determining whether both spouses should be on the title of a property in Florida depends on the couple’s purpose, long-term goals, and whether they have an estate plan.
If a couple wants to use the property exclusively for residential purposes, the best form of ownership is tenancy by the entirety. In such cases, each spouse has 100% ownership of the property with rights of survivorship, guaranteeing a seamless succession process.
The same approach is useful for second homes or vacation homes in Florida. Additionally, tenancy by the entirety does not affect a property’s homestead status.
If one of the spouses wants to purchase a property exclusively for investment purposes, only the spouse handling the investment needs to be on the title.
Please note that a spouse is not automatically added to the title of a property. While marital property laws provide ownership, the title of the property is not changed unless the owner decides to change it.
If a recently married individual wants to add a new spouse to the title of a residential property, it is necessary to prepare, sign, and execute an appropriate deed. Once the deed is properly executed, it must be recorded in the county where the property is located.
It is fundamental to consult with an expert Florida title attorney to identify the best solution for each case.