Loune-Djenia Askew, Esq.
Sep 8, 2025
Before signing on the dotted line, it’s important to understand the different ways you can hold real estate in the state. How a property is titled affects control, inheritance, taxes, and what happens if one owner passes away.
Buying property in Florida is exciting, whether it’s a first home, an investment, or a vacation retreat. But before signing on the dotted line, it’s important to understand the different ways you can hold real estate in the state. How a property is titled affects control, inheritance, taxes, and what happens if one owner passes away.
Common Types of Real Estate Ownership in Florida
1. Sole Ownership A single person owns the property outright. This means full control, but also full responsibility for debts, taxes, and liabilities.
2. Joint Tenancy with Right of Survivorship (JTWROS) Two or more people own the property equally. When one owner passes away, their share automatically transfers to the surviving owner(s) without going through probate.
3. Tenancy in Common (TIC) Multiple people own property together, but shares don’t have to be equal. Each owner’s portion can be sold, gifted, or passed through their will or trust. Unlike joint tenancy, a share does not automatically go to the other owners upon death.
4. Tenancy by the Entirety (TBE) This is a special type of ownership available only to married couples in Florida. Both spouses are treated as a single legal owner. This offers strong creditor protection—meaning if one spouse has debts, creditors generally cannot force the sale of the property. If one spouse passes away, ownership automatically transfers to the surviving spouse.
Why Ownership Matters
The way a property is titled can make a big difference for estate planning and asset protection.
For example, TBE may shield property from creditors, while JTWROS may simplify transfers after death. Choosing the right form of ownership helps avoid probate, reduces family disputes, and ensures your property is passed on according to your wishes.
If you’re buying property in Florida, don’t overlook how you hold title. The right ownership structure depends on your goals, family situation, and estate plan. An experienced attorney can guide you through the options and help you choose the one that best protects your interests.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.