How does joint tenancy with right of survivorship work in Florida?
In Florida, a conveyance to two or more people, other than an estate by the entirety, creates a tenancy in common unless the instrument expressly provides for the right of survivorship. Florida recognizes estates by the entirety. A spouse who holds title may create one by deeding to the other spouse in a deed that states that purpose, or by deeding to both spouses, and a mortgage made or assigned to a husband and wife is held by the entirety unless it shows a contrary intention. When the marriage is dissolved, tenants by the entirety become tenants in common. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Fla. Stat. §§ 689.15, 689.11, 689.115.
| What | Florida |
|---|---|
| A deed to two or more people | Tenancy in common unless the deed provides survivorship |
| What it means | Tenancy in common unless the deed declares survivorship |
Source
Fla. Stat. §§ 689.15, 689.11, 689.115
Read the statute in the Florida Statutes (The Florida Senate): flsenate.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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The same question in other states
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