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⭐ 4.9 Rating · 600+ 5-Star Reviews · 5,000+ Clients · Florida Bar No. 0085615 · Statewide Service
Tenancy by the entireties (TBE) is a form of Florida property ownership available only to married couples that provides two powerful protections: (1) automatic survivorship — when one spouse dies, the surviving spouse automatically owns 100% of the property without probate; and (2) creditor protection — property held as TBE is protected from the individual debts of either spouse (creditors must have a judgment against BOTH spouses to reach the property). Florida is one of the strongest TBE states in the country.
Tenancy by the entireties (TBE) is a form of Florida property ownership available only to married couples. It provides automatic survivorship (surviving spouse takes 100% at death, no probate) and creditor protection (property protected from individual debts of either spouse — creditors must have a judgment against BOTH spouses to reach the property). Florida recognizes TBE for real estate, bank accounts, securities, business interests, and most other property.
For real estate: the deed must convey the property to the couple as ‘tenants by the entireties’ or ‘husband and wife’ (Florida law presumes TBE for any property conveyed to a married couple unless the instrument specifies otherwise). For bank accounts: the account must be titled in both spouses’ names, opened during the marriage, with right of survivorship. For other property: depends on the asset type. Florida’s strong TBE presumption (Beal Bank v. Almand, 780 So. 2d 45 (Fla. 2001)) makes establishment straightforward when both spouses contribute.
It protects against creditors of EITHER spouse individually, but not against creditors of BOTH spouses jointly. So if one spouse has a judgment, that creditor cannot reach TBE property. If both spouses are sued and both have judgments, the creditor can reach the TBE property. Also doesn’t protect against the IRS or other federal tax claims, or against creditors with secured interests (like mortgages) that both spouses signed.
Upon divorce, tenancy by the entireties automatically converts to tenancy in common — both ex-spouses now own equal shares but without survivorship, and without TBE creditor protection. The property is then subject to equitable distribution under Florida divorce law. Some couples choose to specifically transfer or restructure TBE property during divorce proceedings.
No. Tenancy by the entireties is available only to legally married couples in Florida. Same-sex married couples qualify (post-Obergefell). Unmarried couples can use joint tenancy with right of survivorship, which provides automatic survivorship but NOT the creditor protections of TBE.
TBE provides automatic probate avoidance at the first spouse’s death — the survivor takes 100% by operation of law, outside any will or trust. However, after both spouses die OR after the first death, the survivor owns the property outright (no longer TBE) and must use other planning tools (revocable trust, Lady Bird Deed, beneficiary designations) to avoid probate at the second death. TBE is the FIRST-DEATH solution; other tools are needed for the SECOND-DEATH problem.
Generally no. Florida’s TBE protection is among the strongest in the nation. Creditors of one spouse cannot reach TBE property, period — they cannot levy, lien, force sale, or otherwise execute against the property. Limited exceptions: (1) federal tax liens against one spouse may attach to that spouse’s interest; (2) bankruptcy may give a federal court jurisdiction to consider TBE property in narrow circumstances; (3) joint creditors with judgments against both spouses can reach the property.
Both have automatic survivorship. Differences: (1) TBE is only for married couples; joint tenancy is for anyone. (2) TBE provides creditor protection against individual debts of either spouse; joint tenancy does not. (3) TBE cannot be severed unilaterally — both spouses must agree; joint tenancy can be severed by one party transferring their interest. For married Florida couples, TBE is almost always preferable to joint tenancy because of the creditor protection.
Tenancy by the entireties is one tool. See how it fits with revocable trusts, Lady Bird Deeds, and beneficiary designations.
Managing Attorney, Zoecklein Law, P.A. · Florida Bar No. 0085615 · Stetson Law J.D. cum laude
TBE handles first death; Lady Bird Deed handles second death.
Common way to add a spouse to title and create TBE.
How TBE fits into a complete Florida estate plan.
