How to Hold Title in Florida: Vesting, Survivorship and Creditor Protection

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How to hold title Florida buyers choose gets decided in a single line on the deed, usually in a hurry at closing.

It governs what happens on death, on divorce and when a creditor comes looking. One option is far better than the others for married couples.

Sole ownership

One person on the deed, with full control.

On death the property passes under the will, through probate.

It is simple and it is the default for a single buyer.

Florida homestead rules can still restrict how you leave it.

Tenancy in common

Two or more owners hold separate, divisible shares.

Shares need not be equal, which suits unequal contributions.

There is no survivorship, so each share passes under that owner's will.

It is the usual choice for friends, siblings or business partners buying together.

Joint tenancy with right of survivorship

On the death of one owner, their interest passes automatically to the others.

It avoids probate for the property itself.

Florida requires the survivorship language to be stated expressly on the deed.

Leave it out and you have created a tenancy in common by default.

Tenancy by the entireties

This is available only to a married couple, and only in states that recognise it.

The couple owns the whole property as a single legal unit.

Survivorship is automatic, so the survivor takes the property outright.

Florida recognises it, and that matters more than most buyers realise.

The creditor protection nobody explains

A creditor of one spouse alone generally cannot reach property held this way.

Only a creditor of both spouses jointly can attach it.

For a business owner or a professional facing liability risk, that is substantial.

It applies automatically for married couples in most Florida conveyances, but confirm the deed language.

What it does not protect against

The mortgage itself, because you both signed it voluntarily.

Property taxes and association liens, which attach regardless.

Federal tax liens, which follow their own rules.

It protects against a creditor of one spouse, not against everything.

The lady bird deed

Florida recognises the enhanced life estate deed, commonly called a lady bird deed.

You keep full control and can sell or mortgage without the remainder beneficiary's consent.

On death the property passes directly to the named beneficiary, outside probate.

Very few states allow this, and Florida is one of them.

A standard life estate is different

An ordinary life estate gives the remainder holder a present interest.

You then need their signature to sell or refinance.

That is exactly the flexibility a lady bird deed preserves.

Understand which one you are being offered before signing.

Holding in a revocable trust

A living trust avoids probate and keeps the transfer private.

Florida allows homestead benefits to continue for a properly drafted trust.

Federal law also protects transfers into your own revocable trust from due-on-sale enforcement.

Tell your lender before transferring, since the servicer will need notice.

Holding in an LLC

This is common for rentals and almost never right for your own home.

You lose homestead protection and the exemption entirely.

Conventional agency loans generally require an individual borrower.

See our DSCR page for how investors finance entity-held property.

Your spouse may have to sign anyway

Florida's homestead protections require a spouse to join in a mortgage or conveyance of the homestead.

That applies even when the spouse is not on the deed and not on the loan.

Buyers who deliberately left a spouse off the title are frequently caught by this at closing.

Tell your lender and title company you are married, regardless of who is buying.

Changing title after closing

Most transfers of a mortgaged property can technically trigger the due-on-sale clause.

Transfers into your own revocable trust and certain family transfers are protected by federal law.

Adding or removing a person is not automatically protected.

Ask before recording anything, because unwinding it is expensive.

It does not change the loan

Vesting decides ownership. The note decides who owes the money.

Removing someone from the deed leaves their liability on the mortgage untouched.

Only a refinance or a sale removes a borrower.

See our guide to removing a name from a mortgage.

Unmarried couples buying together

Tenancy by the entireties is unavailable, so the choice is between the other two forms.

Joint tenancy with survivorship passes the property to the survivor automatically.

Tenancy in common lets each person leave their share to whomever they choose.

Write down what happens if one wants out, because the deed alone does not answer that.

Unequal contributions

Tenancy in common records unequal shares on the deed itself.

Joint tenancy and entireties both assume equal ownership regardless of who paid what.

A separate written agreement can record the real economics either way.

Do it at purchase, since reconstructing the intent years later rarely goes well.

Where to start

Decide vesting before the closing date, not at the table.

Florida's conveyancing rules sit in chapter 689 of the Florida Statutes.

Speak to a Florida real estate attorney about your circumstances, then get a pre-approval so the loan is ready.