Florida Tenancy by the Entireties:
Asset Protection for Married Couples

Tenancy by the entireties (often abbreviated TBE) is one of the most powerful — and most overlooked — asset protection tools available to married couples in Florida. It is a special form of joint ownership, reserved exclusively for spouses, in which the couple owns property together as a single legal unit. That structure produces two valuable benefits automatically: protection from the individual creditors of one spouse, and automatic transfer to the surviving spouse at death, with no probate.

How Tenancy by the Entireties Works

Unlike a tenancy in common (where each owner holds a divisible share) or a joint tenancy (available to anyone), tenancy by the entireties treats the married couple as one owner of the whole. Neither spouse owns a separate "half" that a creditor can reach. Because the interest is indivisible, a creditor of just one spouse generally cannot force a sale or attach the property.

To create a valid tenancy by the entireties in Florida, six "unities" must generally be present:

• Unity of marriage — the owners must be married to each other
• Unity of possession — both have an equal right to possess the whole
• Unity of interest — identical interests in the property
• Unity of title — the interest arose from the same instrument
• Unity of time — the interests vested at the same moment
• Survivorship — the survivor takes the whole at the other's death

Creditor Protection — and Its Limits

The headline benefit of TBE is creditor protection. If a judgment is entered against only one spouse, that creditor generally cannot reach property the couple holds as tenants by the entireties — the asset is shielded because neither spouse owns a separable share.

Tenancy by the Entireties Bank Accounts

TBE is not limited to real estate. In the landmark case Beal Bank, SSB v. Almand & Associates (Fla. 2001), the Florida Supreme Court held that a bank account titled in the names of both spouses is presumed to be held as tenancy by the entireties — and therefore creditor-protected — as long as the required unities exist and the account agreement does not clearly state otherwise.

This means married couples can often protect bank and brokerage accounts simply by titling them correctly. It is worth confirming with your financial institution that accounts are set up to support entireties treatment.

Probate Avoidance and Survivorship

TBE includes an automatic right of survivorship. When one spouse dies, the surviving spouse becomes the sole owner instantly, by operation of law. The property passes outside probate and outside the deceased spouse's will — which also means a spouse cannot leave TBE property to anyone but the survivor.

How TBE Interacts With a Living Trust

Married couples often want both the creditor protection of TBE and the probate-avoidance and incapacity planning of a revocable living trust. These goals can conflict, because transferring property into a trust can sever the tenancy by the entireties and its protection.

When TBE Protection Ends

Tenancy by the entireties is not permanent. The protection ends when:

• One spouse dies — the survivor owns the property outright, exposed to that spouse's own creditors
• The couple divorces — TBE converts to a tenancy in common, each owning an undivided half
• The property is transferred in a way that breaks one of the required unities

Related Reading

• Florida Homestead Exemption & Estate Planning — the other major protection on your primary residence.
• Florida Asset Protection Strategies — how titling fits into a broader plan to shield what you own.
• Estate Planning for Married Couples in Florida — coordinating titling, trusts, and survivorship.

This article is for general informational purposes and does not constitute legal advice. Asset protection and titling are highly fact-specific and depend on current case law. Consult a licensed Florida attorney regarding your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.