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Julie Pearce
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I've been a licensed Realtor Associate since April 2006. This was a complete change in occupation for me - a new challenge! But over the past couple years,
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Julie Pearce answered:
Hi Jose,
This would be a good question for a real estate attorney licensed in Florida. But the way I understand it, Florida is a state which developed its ownership laws based on the idea that a husband and wife are one entity in ownership. So, when a property is purchased after marriage by either husband or wife, or both, they have a "tenancy by the entireties" - a joint tenancy with rights of survivorship. The deed doesn't even have to state this tenancy because by being married, the estate is implied. If you were married before you make the purchase, you have the joint tenancy with rights of survivorship.
What this means is that you and your wife would have equal ownership of a property purchased here. If one of you died, the other would become the sole owner of the property. If you were divorced, or your marriage was annulled, the tenancy of the property would change. It would become a "tenancy in common", with each of you having a percentage of interest in the property - and the courts would decide it. If you had property here before you were married, it would be considered yours alone - but if you're married when you buy it, you are "one" - for better or worse!
Hope this helps -
Julie Pearce
Keller Williams Elite Partners
352-428-1205
This would be a good question for a real estate attorney licensed in Florida. But the way I understand it, Florida is a state which developed its ownership laws based on the idea that a husband and wife are one entity in ownership. So, when a property is purchased after marriage by either husband or wife, or both, they have a "tenancy by the entireties" - a joint tenancy with rights of survivorship. The deed doesn't even have to state this tenancy because by being married, the estate is implied. If you were married before you make the purchase, you have the joint tenancy with rights of survivorship.
What this means is that you and your wife would have equal ownership of a property purchased here. If one of you died, the other would become the sole owner of the property. If you were divorced, or your marriage was annulled, the tenancy of the property would change. It would become a "tenancy in common", with each of you having a percentage of interest in the property - and the courts would decide it. If you had property here before you were married, it would be considered yours alone - but if you're married when you buy it, you are "one" - for better or worse!
Hope this helps -
Julie Pearce
Keller Williams Elite Partners
352-428-1205
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