This form is a Joint Tenancy Deed where the grantor is an individual and the grantees are husband and wife.
This form is a Joint Tenancy Deed where the grantor is an individual and the grantees are husband and wife.
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Fla. Stat. 689.15 provides that survivorship is not presumed and thus to hold title in this manner requires specific language on the deed. For a joint tenancy to be operative the acquiring parties must share four ?unities? which are, possession, title, time and interest.
Joint tenancy is one type of home ownership recognized in Florida. It is commonly used by spouses, as well as by unmarried couples and other family members. How your home is titled has significant estate planning implications, and this issue should always be addressed with your Florida estate planning attorney.
A joint tenancy in Florida has all the features of the tenancy in common except that all the joint tenants must have the same equal percentage of interest in the real property. The joint tenancy also does not avoid Florida probate.
Married couples automatically become 'joint tenants' of their property in Florida. But you can also allow other co-owners to enter a joint tenancy agreement. There is no asset protection provided by this type of ownership.
Disadvantages of joint tenants with right of survivorship JTWROS accounts involving real estate may require all owners to consent to selling the property. Frozen bank accounts. In some cases, the probate court can freeze bank accounts until the estate is settled.