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 (Florida Statutes § 689.15, 2024).
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 like formalities, but they dictate how your property will be treated in case of separation, marriage, or death (Nolo, 2024).
Understanding Property Titles for Unmarried Couples in Florida
Tenants in Common
- Each partner owns a distinct share of the property in this arrangement.
- Shares may be equal or unequal, depending on contributions.
- 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. (Florida Statutes § 732.101-732.111, 2024)
- This can lead to unintended complications and disputes, particularly in non-marital partnerships.
Joint Tenants with Rights of Survivorship
- Ownership is equal between both partners.
- When one partner dies, the property automatically passes to the surviving partner, avoiding probate.
- However, it does not provide the same protections afforded to married couples under Florida law.
Quick Comparison:
| Ownership Type | Survivorship Rights | Creditor Protection | Probate Required? |
| Tenants in Common | No | None | Yes |
| Joint Tenants with Rights of Survivorship | Yes | Limited | No |
| Tenants by the Entireties (Married Only) | Yes | Strong | No |
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 (Florida Statutes § 689.15, 2024). 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 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.
How to Retitle After Marriage
- Consult with a Florida real estate or estate planning attorney.
- Prepare and sign a new deed (often a quitclaim deed or warranty deed).
- File the deed with the county clerk where the property is located.
- Pay any applicable fees (generally $500–$800 with attorney assistance) (Florida Realtors, 2025).
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 ensures the property passes directly to the surviving spouse without probate (Florida Bar, 2024).
- Enhanced Legal Security: Updating your deed reinforces your spouse’s rights and ensures property is handled according to your wishes.
Must Read: Florida Homestead: Inheritance Rules for Married Couples
Why Unmarried Couples Should Consider a Cohabitation Agreement
Beyond the deed, unmarried couples should consider a written Cohabitation Agreement (sometimes called a Living Together Agreement) to outline:
- Who pays the mortgage, taxes, and upkeep.
- How equity is divided if the property is sold.
- What happens if one partner wants out (buyout or forced sale).
- Exit strategies in case of breakup or death.
This agreement provides clarity and reduces disputes down the road (American Bar Association, 2023).
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.
Frequently Asked Questions About Unmarried Couples Buying Property in Florida
- Can an unmarried couple buy a house together in Florida?
Yes, unmarried couples can purchase property together, typically as tenants in common or joint tenants with rights of survivorship. - What is the best way for unmarried couples to hold title in Florida?
It depends on their goals – tenants in common provide flexibility, while joint tenancy avoids probate. - What happens if my partner dies and we are not married?
If titled as tenants in common, the deceased’s share passes to their heirs, not the surviving partner. - Does Florida recognize common law marriage for property rights?
No. Florida does not recognize common law marriage, so unmarried partners must rely on titling and agreements. - Can one partner force the sale of jointly owned property?
Yes, either partner can file a partition action if they cannot agree on selling. - How do we protect unequal contributions to a home purchase?
Consider titling shares proportionally or creating a cohabitation agreement. - What happens to property if we later get married?
You must retitle the property as tenants by the entirety to get spousal protections. - Can creditors take a home owned by unmarried partners?
Yes, creditors can pursue a partner’s share in tenants in common or joint tenancy. TBE protects married couples only. - How do we retitle property as tenants by the entirety after marriage?
By filing a new deed with the county clerk after marriage. - Should unmarried couples have a cohabitation agreement in Florida?
Yes, it helps clarify financial responsibilities and protects both parties if the relationship ends.
Speak to Our Estate Lawyers in Fort Lauderdale
Estate planning can be complex, particularly for blended families. Don’t leave your rights to chance. Protect your family—contact SJF Law Group today.
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 954-947-2075 or complete our easy contact form below.
Citations
- Florida Statutes § 689.15 – Estates by survivorship; tenancy in common. Florida Legislature. (2024).
https://www.leg.state.fl.us/statutes - Florida Statutes § 732.101-732.111 – Intestate Succession Laws. Florida Legislature. (2024).
https://www.leg.state.fl.us/statutes - Pew Research Center. (2023). Living arrangements of unmarried couples in the U.S.
https://www.pewresearch.org - Florida Realtors. (2025). Florida housing market update – median home prices.
https://www.floridarealtors.org - Florida Bar. (2024). Property ownership and inheritance rights in Florida.
https://www.floridabar.org - Investopedia. (2024). Joint tenancy vs tenants in common: Key differences.
https://www.investopedia.com - Nolo Legal Encyclopedia. (2024). Buying a house with your partner when you’re not married.
https://www.nolo.com - LegalZoom. (2024). Property ownership options for unmarried couples.
https://www.legalzoom.com - American Bar Association. (2023). Cohabitation agreements: Protecting property and rights.
https://www.americanbar.org