In Florida, tenancy by the entireties is available to:
Question & Answer
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Any two people
Any two people cannot establish tenancy by the entireties in Florida. While unmarried individuals can hold property as joint tenants with right of survivorship, they cannot access the specific creditor protections and unique features of tenancy by the entireties.
Business partners only
Business partners cannot use tenancy by the entireties in Florida. Business relationships typically utilize other forms of ownership like tenancy in common or partnerships, which offer different rights and protections not available through this spousal-only ownership form.
Married couples only
Family members
Family members other than married spouses cannot establish tenancy by the entireties in Florida. While family members may own property together, they must use other forms of co-ownership like tenancy in common or joint tenancy with right of survivorship.
Why is this correct?
In Florida, tenancy by the entireties is legally available exclusively to married couples. This form of ownership provides special protections, including creditor protection and the right of survivorship, that are only extended to married spouses under Florida law.
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