Legal Question in Real Estate Law in Florida

Re: Divorce and Tenants by Entirety

Recent caselaw held that the tenancy by the entirety was severed by the divorce decree, and was not automatically revived by the subsequent remarriage of the parties.

Re: Divorce and Tenants by Entirety

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Once the parties became divorced, the tenancies by the entirities was broken and could only be fixed by a new deed. A remarriage does not patch the gap. Failing such, the title remains as tenants in common - each holding an undivided 1/2 interest.

Scott R. Jay, Esq.