Legal Question in Wills and Trusts in Florida

Depends on how the wording is stated. There are various ways - it should state that it is being devised with joint tenants with rights of survivorship - if not it may only be under the devise of tenants in common.

If your deed provides that the transfer to you as grantee is to you and your wife as "husband and wife," or if it states just the two of your names, and you were married at the time you took title, then the ownership interest is as "tenants by the entirety" without further action on your behalf. Tenants by the entirety is a form of ownership that Florida recognizes (one of only 12 states that does so) that has the same survivorship rights as "joint tenants with right of survivorship", but otherwise is superior to "joint tenants with right of survivorship." Tenants by the entirety property is deemed to be owned by the marital unit, and neither of you can separate your interest in the property from the other without the other's voluntarily joining in on the transfer. That means that a creditor of one of you cannot seize any tenants by the entirety owned property to satisfy a judgment entered against just one of you. It is very strong asset protection.

Since you are dealing with your homestead, it is also protected from claims of creditors regardless of how the property is titled.

With "joint tenants with right of survivorship," absent the homestead protection, a creditor of one of you can seize your "equitable" interest in the property owned as "joint tenants with right of survivorship" to satisfy a judgment, even though there is rights of survivorship with the jointly owned property.

If it states "a married couple" or "tenants by entirety" there is no issue.