Lisa and Tom are married and own their homestead in Jacksonville as tenancy by the entirety. Lisa dies, and her will leaves all her property to her sister from a previous marriage. Tom claims the house belongs entirely to him. Who is correct under Florida law?
Correct Answer
C) Tom owns the entire property by right of survivorship
Correct: In tenancy by the entirety, the surviving spouse automatically receives full ownership through right of survivorship, which supersedes any will provisions. Why not A: Tenancy by the entirety property cannot be devised by will. Why not B: There is no division - the entire property passes to the surviving spouse. Why not D: Probate courts cannot override the survivorship rights in tenancy by the entirety.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Property Rights Estates Question
Background Knowledge for Property Rights Estates
Real World Application in Property Rights Estates
Common Mistakes to Avoid on Property Rights Estates Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
More Property Rights Estates Questions
In Florida, riparian rights apply to property bordering:
Frank and Gloria own their Naples home as tenants by the entirety. Frank dies, and his will leaves his interest in the home to his son from a previous marriage. What happens to the property ownership?
A Tallahassee real estate investor is buying property adjacent to a navigable river. The deed describes the property as extending "to the thread of the Apalachicola River." After purchase, the investor discovers that Florida law may affect waterfront property boundaries differently than the deed language suggests. What are the actual property boundaries?
Maria, a Florida resident, owns a property located within the city limits of Miami where she lives with her family. She files for bankruptcy due to business debts totaling $500,000. Under Florida's constitutional homestead exemption (Art. X, § 4, Fla. Const.), which statement is correct?
A Florida HOA can foreclose for unpaid assessments:
- → In Florida, tenancy in common ownership includes all of the following characteristics EXCEPT:
- → Florida law requires condo associations to maintain:
- → Under Florida's Condominium Act, a buyer of a condo has the right to cancel within:
- → David moves from New York to Florida and purchases a home in Orlando on February 1st, immediately establishing residency and moving in. When is the earliest he can apply for homestead exemption?
- → A Florida homeowner wants to build an addition that would violate the side-yard setback because the lot has an unusual shape. The homeowner asks the local zoning board for permission to depart from the setback requirement. What is the homeowner requesting?
- → A developer in Sarasota is subdividing a parcel described as 'The Southeast 1/4 of the Northeast 1/4 of Section 8, Township 36 South, Range 19 East, LESS the South 330 feet thereof.' How many square feet remain after the exception?
- → A cooperative building in Miami Beach has 100 shares outstanding. Sarah owns 8 shares, which entitle her to occupy a 2-bedroom unit. The annual maintenance and taxes total $240,000. What is Sarah's annual carrying charge?
- → A county appraiser explains that only the 2026 additional homestead exemption beyond the first $25,000 is at issue. If a homestead has an assessed value of $90,000 and the county millage is 18 mills, what county-tax savings comes from that additional exemption alone?
- → Michael owns a duplex in St. Petersburg and lives in one unit while renting out the other unit to a tenant. He wants to claim homestead exemption on the entire property. What is the correct outcome?
- → Which government entity is responsible for processing homestead exemption applications in Florida?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Related Articles
Property Flyer Generator — 2026 Guide for U.S. Agents: Step-by-Step + Best Practices
Learn how Property Flyer Generator works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.
Real Estate Exam Property Ownership & Title (2026): Deeds, Liens, Encumbrances + Practice Questions
Understand deeds, liens, encumbrances, and ownership types with exam-style practice questions and traps.
Property Landing Page — 2026 U.S. Agent Guide: Setup, Use Cases & Pro Tips
Learn how Property Landing Page works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.
Previous Question
Robert, Susan, and David purchase an investment property in Orlando as tenants in common. Robert owns 50%, Susan owns 30%, and David owns 20%. David wants to sell his interest to his nephew. What must happen under Florida law?
Next Question
In a Tampa transaction, a buyer wants the Florida rule on joint tenancy versus tenancy in common. Which statement is correct?