When unmarried couples purchase property together in Florida, they often overlook the critical legal implications that can arise if they later decide to marry. How a property is titled at the time of purchase can significantly affect ownership rights, creditor protections, and property transfer in the event of death. This is especially important if the property is not your primary residence but an investment or rental property. Understanding these distinctions and the steps to protect your interests can save you from complex legal issues.
Under Florida law, unmarried couples generally take title as either “tenants in common” or “joint tenants with rights of survivorship.” These terms may seem formalities, but they dictate how your property will be treated in case of separation, marriage, or death.
Understanding Property Titles for Unmarried Couples in Florida
- Tenants in Common: Each partner owns a distinct share of the property in this arrangement. Upon the death of one partner, their share does not automatically pass to the surviving partner; instead, it goes to the deceased partner’s heirs or beneficiaries. This can lead to unintended complications and disputes, particularly in non-marital partnerships.
- Joint Tenants with Rights of Survivorship: This form of ownership allows the property to automatically pass to the surviving partner when one dies, avoiding probate. However, it still does not provide the full protections afforded to married couples under Florida law.
Transitioning to Tenants by the Entireties After Marriage
Once a couple gets married, they can retitle their property as “tenants by the entireties” (TBE), a unique form of ownership available exclusively to married couples in Florida. TBE not only ensures automatic survivorship rights but also offers significant creditor protection, shielding the property from the individual debts of either spouse.
However, this change does not happen automatically when you marry. Couples who purchased property before marriage must proactively update their deed to benefit from these additional protections. Failure to do so can result in missed opportunities for legal safeguards and create vulnerabilities in your property ownership.
Read Also: 2 Ways You Can Lose Tenancy by The Entirety Property Protection.
Why You Should Update Your Deed After Marriage
- Creditor Protection: Properties titled as tenants by the entireties are protected from creditors seeking to collect on individual debts of one spouse. This protection is not available under joint tenancy or tenancy in common.
- Probate Avoidance: Retitling the property ensures it passes directly to the surviving spouse without probate, streamlining the transfer process and avoiding potential legal disputes.
- Enhanced Legal Security: Updating your deed reinforces your spouse’s legal rights and ensures that your property is handled according to your wishes, without interference from third parties or family members.
Must Read: Florida Homestead: Inheritance Rules for Married Couples
Secure Your Property with Proper Legal Steps
Purchasing property as an unmarried couple is a significant financial commitment, but securing your legal rights is just as important, especially after marriage. Updating your property deed can offer essential protections, streamline ownership transfer, and safeguard your investment.
Still Confused?
Estate planning can be complex, particularly for blended families. Don’t leave your rights to chance. Protect your family—contact SJF Law Group today.
Speak to Our Estate Lawyers in Fort Lauderdale
It is advisable to consult with a Florida estate planning attorney to make an informed decision about updating your property deed. An experienced professional can review your current ownership status, guide you through the benefits of retitling, and ensure that your property is fully protected under Florida law.
Florida’s residential property laws can be challenging for married couples, especially when it comes to ensuring your property is handled according to your wishes. Avoid the confusion—SJF Law Group’s estate planning attorneys specialize in creating customized plans that protect your loved ones and respect your intentions for your primary residence.
Serving clients in Plantation, Fort Lauderdale, Boca Raton, West Palm Beach, and Miami, we offer the convenience of both in-person and virtual consultations.
Ready to protect your family’s future? Our probate and estate lawyers are here to help. Contact SJF Law Group today for a consultation! Call us at 954-580-3690 or complete our easy contact form below.
Frequently Asked Questions About Unmarried Couples Buying Property in Florida