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There are four different ways to hold title in real property in Florida: (1) tenants in common; (2) joint tenancy; (3) joint tenants with right of survivorship; and (4) tenancy by the entireties.
A continuous marriage affidavit that is used in Florida to clear title following the death of a spouse where real property located in Florida was owned by the spouses as tenants by the entirety. This Standard Document has integrated notes with important explanations and drafting tips.
Typically, this involves submitting the following to your state registrar: Death certificate. Notarized affidavit confirming their passing and the new owner's right to the property. Submission of the new deed with it signed and notarized by the new owner.
Hear this out loud PauseAffidavit Continuous Marriage - Husband and Wife Affiants further state that they are executing this Affidavit for the purpose of establishing in the public records that they have been married to each other, and such marriage has been continuous and uninterrupted from through .
An Affidavit of Survivorship is a sworn oath in the form of a legal document. Within this document, a surviving owner of a jointly-owned property states they have rights of survivorship to the property.
Sometimes, however, the home may be owned in one spouse's name alone, or perhaps in one of the spouse's trusts alone. In that situation, even though the surviving spouse's name is not on the deed, the surviving spouse has rights to that property under Florida's constitution.