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In Florida, tenancy by the entireties is available to:

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Question & Answer

Review the question and all answer choices

A

Any two people

Any two people who wish to co-own property in Florida may hold title as joint tenants with right of survivorship or as tenants in common, but tenancy by the entireties requires the additional legal bond of marriage, which not just any two people share.

B

Business partners only

Business partners have their own ownership structures available, such as tenancy in common or ownership through a legal entity like an LLC or partnership, but they do not share the marital legal unity required for tenancy by the entireties.

C

Married couples only

Correct Answer
D

Family members

Family members who are not married to each other — such as siblings or parent and child — may co-own property as joint tenants or tenants in common, but the marital unity required for tenancy by the entireties is absent in those relationships.

Why is this correct?

Under Florida Statute § 689.115, tenancy by the entireties is expressly limited to married couples, reflecting the legal unity of marriage that is the foundational requirement for this ownership form. Because the ownership is treated as belonging to the marital unit as a whole rather than to two separate individuals, only a legally recognized married couple can satisfy this requirement. Neither domestic partners, business associates, nor family members qualify unless they are legally married to each other.

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