Guides

How to hold title

How you take title decides two things that matter far more than the paperwork suggests: who your creditors can reach, and whether the property goes through probate when you die. Florida offers protections most states do not — and the decision is made at closing, when nobody is thinking about either.

Form → Who it is for.

This is a legal question with a real answer

Unlike most of this site, this is not a subject where reading widely gets you to the right answer. The correct structure depends on your marital status, your creditor exposure, who you want the property to go to, and your wider estate plan. What follows is what the options are and why they differ — take advice before choosing one.

The main ways to hold it

Form	Who it is for	On death	Creditor position
Sole ownership	One owner	Goes through probate unless otherwise arranged	Reachable by your creditors
Tenancy by the entireties	Married couples only	Passes to the surviving spouse automatically	Protected from a creditor of one spouse alone
Joint tenancy with right of survivorship	Any co-owners	Passes to the survivor automatically	Each owner’s share is reachable
Tenancy in common	Co-owners with separate shares	Your share goes through your estate	Your share is reachable
Trust	Estate planning	Per the trust terms, no probate	Depends entirely on the trust

Tenancy by the entireties, which is the Florida one

jointly titled property held by a married couple in Florida is presumed to be tenancy by the entireties^†, and the reason it matters is that a creditor with a judgment against only one spouse cannot reach tenancy by the entireties property^†. A creditor needs a judgment against both spouses to reach it.

It applies to more than real estate — bank accounts, investment accounts and tangible property can be held this way too.
It ends on divorce, converting to a tenancy in common, which changes both the survivorship and the protection.
It ends on death, with the property passing to the surviving spouse without probate.
Adding a spouse to a deed, or removing one, has consequences beyond the obvious — take advice rather than signing a quit claim to tidy things up.

Where this quietly goes wrong

Titling in one spouse’s name for convenience — because of a credit issue, or because only one is on the mortgage — gives up the protection without anyone mentioning it. So does a casual transfer into a single name later. If entireties protection matters to you, it is worth saying so at closing rather than discovering years afterwards that it was never established.

The lady bird deed

Florida is one of a small number of states recognising the enhanced life estate deed, generally called a lady bird deed. You convey the property to yourself for life and name who takes it afterwards — but the owner keeps the right to sell, mortgage, gift or revoke without the remainder beneficiary’s consent^†. On death the property passes automatically at death without going through probate^†.

That combination is unusual. An ordinary life estate gives away control — you cannot sell or mortgage without the remainder beneficiary agreeing. The enhanced version keeps every practical right during life while still avoiding probate at the end of it, which is why it is used so heavily in Florida estate planning.

It generally preserves the homestead exemption, currently $51,411^†, and the accumulated 3% or CPI, whichever is lower^† assessment cap.
It is revocable — you can change your mind without asking anyone.
It is not a substitute for a will or a trust; it deals with one asset.
It interacts with Medicaid planning in ways that are specific to your circumstances, and that is squarely a question for an elder law attorney rather than a website.

What Florida homestead law adds on top

Florida homestead is three different things sharing a name, and people conflate them constantly: the property tax exemption, the constitutional protection from most creditors, and restrictions on how homestead property can be devised when there is a spouse or minor child. The third catches people — you cannot always leave your home to whoever you like, and a will that assumes otherwise creates a problem for the people you were trying to help.

When to revisit how you hold it

Marriage, divorce, or the death of a co-owner.
Starting a business, or taking on personal exposure of any kind.
Buying a second property, or moving your primary residence.
A change in who you want the property to go to.
Any point at which someone suggests a quit claim deed to “simplify” something.

The transfer that undoes it

A quit claim deed signed casually can end entireties protection, disturb a carefully arranged succession, trigger documentary stamp tax where a mortgage remains, and affect the homestead exemption and cap. It is the easiest document in Florida property to sign and one of the hardest to unwind. Get advice before, not after.

Quit claim deedsThe instrument that most often undoes all of this.The homestead exemptionThe tax half of a word that means three things.When to hire an attorneyThis is one of the clearer cases.Title defectsWhat a search can and cannot establish.

A professional individual signs legal documents at a desk in an office setting.Photograph: Mikhail Nilov / Pexels

Common questions

What is tenancy by the entireties in Florida?

A form of joint ownership available only to married couples. Jointly titled property held by a married couple is presumed to be held this way, and a creditor with a judgment against only one spouse cannot reach it.

What is a lady bird deed?

An enhanced life estate deed. You convey the property to yourself for life and name who takes it afterwards, while keeping the right to sell, mortgage, gift or revoke without the beneficiary’s consent — and it passes without probate.

Does a lady bird deed affect my homestead exemption?

It generally preserves both the exemption and the accumulated Save Our Homes cap, which is part of why it is used so heavily in Florida. Confirm your own position before executing one.

Should I put my house in only one spouse’s name?

Be careful. Titling in one name for convenience gives up tenancy by the entireties protection, and nobody usually mentions it at the time. If that protection matters, raise it at closing rather than discovering later it was never established.

Can I leave my Florida home to anyone I choose?

Not always. Florida homestead law restricts how homestead property can be devised where there is a surviving spouse or minor child, and a will that assumes otherwise creates problems for the people it was meant to benefit.

Tenancy by the entireties, homestead protection and devise restrictions arise from Florida statute, the Florida constitution and case law; enhanced life estate deeds are recognised by practice rather than by a single statute. This is general information, not legal advice — take advice before choosing or changing how you hold title.