Property Rights & Ownership

    Tenancy by the Entireties

    A form of co-ownership available only to married couples in Florida that includes survivorship and protection from individual creditors.

    Tenancy by the entireties is a co-ownership form reserved for married couples. The spouses own the property as a single legal unit. It includes the right of survivorship, so when one spouse dies the survivor automatically owns the whole property.

    Because the couple is treated as one owner, property held this way is generally protected from the creditors of just one spouse. A creditor of one spouse alone usually cannot force a sale.

    On the exam

    When a married Florida couple takes title and the question mentions creditor protection or automatic survivorship, the answer is often tenancy by the entireties.

    Exam trap

    Only married couples qualify. Two unmarried co-owners cannot hold title as tenants by the entireties.

    Tested in

    Property Rights (8% of the exam)

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    This definition is Florida real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.