This form is an Affidavit of Continuous Marriage for use when acting to remove deceased spouse form land title. This deed complies with all state statutory laws.
This form is an Affidavit of Continuous Marriage for use when acting to remove deceased spouse form land title. This deed complies with all state statutory laws.
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Florida law gives a surviving spouse rights in some, but not all, of a decedent's property. A surviving spouse will inherit by operation of law, automatically and immediately, any property titled jointly with rights of survivorship or as tenants by entireties. Jointly owned assets are not subject to probate.
A: A Continuous Marriage Affidavit (a/k/a CMA) is an affidavit that states that the property was acquired by the owners during their marriage (as tenants by the entirety) and the owners remained married (continuously) through the date of sale or the passing (date of death) of one of the spouses.
Using an Affidavit of Survivorship to Remove a Deceased Owner from Title. If you are already listed as a co-owner on the prior deedor if you inherited an interest in the property through a life estate deed, transfer-on-death deed, or lady bird deedyou may use an affidavit of survivorship to remove the deceased owner.
1. Marriage does not cancel a will in Florida, but a spouse acquired after the execution of a will may receive the same portion of your estate that he or she would have received had you dies without a will (at least one-half).
In Florida, if you are married when you die and have no will, your spouse will inherit everything, even if you have children together.