Tenancy by the entirety

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Tenancy by the entirety is form of property ownership that is only available to married couples. When property is held in a tenancy by the entirety both the husband and wife own the property "per tout", meaning that each spouse owns the entire property.

There are six unities required to establish a tenancy by the entirety:

  1. joint ownership and control of the property
  2. each spouse holds an identical interest
  3. the ownership interest originated via the same instrument, i.e. The same title
  4. the ownership interest originated at the same time
  5. the ownership interest includes a right if survivorship
  6. the owning parties are married at the time the property is titled

First Nat'l Bank v. Hector Supply Co., 254 So.2d 777 (Fla. 1971).

Both real and personal property may be held in a tenancy by the entirety. Fla. Stat. s. 689.15 governs the creation of a tenancy by the entirety for real property. The legislature has not passed a similar statute governing personal property. As such, the creation of tenancy by the entirety may be different in some situations for real and personal property.

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