Legal Question in Civil Litigation in Florida

Re: Joint Ownership vs. Single Ownership

Assuming you are referring to ownership of a house, it is in most cases better for a husband and wife to take title together in a form of ownership called Tenants by the Entireties with Right of Survivorship. This is because if either one of you dies, the title vests in the other by operation of law and does not have to pass through probate. If the house is the one you live in, then it would be protected from creditors other than those with consensual liens by virtue of the homestead exemption. If the house is not your homestead, taking title by tenants by the entireties is still beneficial because, under Florida law, the house would be out of the reach of creditors of the husband or wife individually.

Re: Joint Ownership vs. Single Ownership

You will have to be more specific...title of what? If you are referring to a residence, both spouses are protected under Florida homestead laws under most circumstances if the property is your primary residence. If not, many questions arise which should be discussed with your attorney. This is an open ended question with way too many variables and possibilities to answer in a short period of time without more information.

Scott R. Jay, Esq. (305) 249-8000