Tenancy by the Entirety in Florida

A tenancy by the entirety is a form of marital property ownership that protects property from the creditors of one spouse. If a creditor holds a judgment against only one spouse, it cannot force the sale of, place a lien on, or seize any property the couple owns as tenants by the entirety.

The protection applies to real estate, bank accounts, brokerage accounts, vehicles, business interests, and nearly every other jointly titled asset. In December 2025, the Florida Supreme Court’s decision in Loumpos v. Bank One made entireties protection easier to establish for bank accounts than it has ever been.

How Does Tenancy by the Entirety Protect Assets from Creditors?

Florida law allows both real and personal property to be owned as tenancy by the entirety. While roughly twenty-five states recognize some form of entireties ownership, most limit it to real estate. Florida’s coverage of personal property, including financial accounts and business interests, makes tenancy by the entirety a cornerstone of Florida asset protection planning for married couples.

Tenancy by the entirety treats married spouses as a single owner rather than two people each holding a share. Neither spouse owns a separate, divisible interest in the property. Joint tenancy with right of survivorship works differently: each JTWROS owner holds a separable half interest that the owner’s creditors can reach, while entireties spouses have no separable share a creditor can seize. Because a spouse who owes a debt cannot voluntarily transfer entireties property without the other spouse’s consent, a creditor cannot compel an involuntary transfer either.

If only one spouse owes the debt, entireties property is fully protected. A creditor with a judgment against the husband alone cannot garnish the couple’s joint bank account, levy against their jointly titled real estate, or seize their jointly owned investments. The creditor must wait until the tenancy ends, whether through death, divorce, or agreement, to reach the property.

The protection fails when both spouses owe the same debt to the same creditor. A single joint judgment against both spouses permits the creditor to execute against entireties property. Two separate judgments against each spouse on separate causes of action do not create a joint debt, even if both judgments are held by the same creditor. Only a single judgment naming both spouses jointly overcomes the entireties shield.

The mistakes we see most often are unnecessary joint debts: both spouses signing a personal guarantee when the lender only required one, or co-signing a business lease together. Either act creates the joint creditor that entireties ownership cannot defeat. Married couples with liability exposure concentrated in one spouse should keep every loan, guarantee, and lease in that spouse’s name alone whenever the counterparty allows it.

Requirements for Tenancy by Entireties

Florida common law requires six elements, called “unities,” for entireties ownership to exist:

• Unity of possession requires both spouses to have equal ownership and control.

• Unity of interest requires identical ownership shares.

• Unity of title requires both interests to originate in the same document.

• Unity of time requires both spouses to acquire their interests simultaneously.

• Unity of survivorship means the property passes automatically to the surviving spouse at death.

• Unity of marriage requires the owners to be legally married when they take title.

The unities still govern most property. A couple who buys property together before marriage and then marries does not retroactively convert their joint tenancy into tenancy by the entirety, because the unity of marriage was absent when they took title.

Bank accounts are now the exception. In Loumpos v. Bank One, 423 So. 3d 856 (Fla. 2025), the Florida Supreme Court held that Florida’s banking statute did away with the common-law unities for deposit accounts. An account opened by one spouse and later retitled in both spouses’ names as an entireties account qualifies for protection, even though the spouses did not acquire their interests at the same time.

The Loumpos holding covers deposit accounts at banks and credit unions. It does not reach brokerage accounts or other personal property, where the unities still control. Real estate has its own statutory fix: section 689.11 lets one spouse deed property directly to both spouses as tenants by the entirety, satisfying the time and title unities without an intermediary.

Establishing entireties ownership correctly requires attention to how accounts are opened and titled. Married couples can hold property as tenancy by the entirety, tenancy in common, or joint tenancy with survivorship, and the three forms differ in creditor protection, survivorship rights, and transfer restrictions. Florida is not a community property state: married couples own what they individually title, so the entireties form must be created deliberately rather than assumed.

Presumption of Entireties Ownership

The Florida Supreme Court’s 2001 decision in Beal Bank, SSB v. Almand & Associates, 780 So. 2d 45, is the foundational case for tenancy by the entirety in Florida. The court held that any real or personal property jointly owned by a married couple is presumed to be held as tenants by the entirety unless the couple has expressly indicated otherwise.

The Beal Bank ruling established three tiers for determining whether a financial account qualifies as entireties property. When the common law unities are present and the account is expressly designated as tenants by the entirety, a conclusive presumption arises that no creditor can challenge. When the unities are present but the account is titled as joint tenants with survivorship or the form is silent, a rebuttable presumption favors entireties ownership, placing the burden on the creditor.

When the financial institution offers entireties titling and the account holders select a different option, the presumption runs against entireties ownership. A married couple who checks the JTWROS box when a tenants-by-the-entirety option is available has affirmatively chosen against entireties protection.

The Florida Legislature codified part of this analysis in § 655.79. Under that statute, any deposit account held by a married couple is a tenancy by the entirety unless otherwise specified in writing. A 2023 appellate decision in Storey Mountain LLC v. George clarified that “otherwise specified in writing” includes the bank’s own customer agreement. If the deposit contract disclaims entireties ownership, that disclaimer overcomes the statutory presumption even if the signature card is silent.

The Florida Supreme Court completed the statutory analysis in December 2025. The court held in Loumpos that the 2008 amendment to § 655.79 eliminated the common-law unities for deposit accounts entirely. A joint spousal account is an entireties account unless the account documents specify a different form of ownership, no matter how or when the account was opened.

Married couples can now add a spouse to an existing bank account and designate it as tenants by the entirety; the conversion no longer fails because the time and title unities are missing. Florida’s entireties case law has moved steadily toward protecting married couples, from Beal Bank in 2001 through Loumpos in 2025.

Not all banks offer tenancy by the entirety accounts that properly support the designation, and brokerage and investment accounts present additional challenges because FINRA rules do not always accommodate Florida’s entireties requirements.

What Property Qualifies for Tenancy by the Entirety Protection?

Tenancy by the entirety in Florida covers real estate, bank accounts, brokerage accounts, vehicles, and business interests, though the requirements and presumptions differ by asset type.

Real Estate

Florida real estate carries the strongest presumption of entireties ownership. A deed to a married couple is presumed to create tenancy by the entirety unless it states otherwise, and that presumption is conclusive absent fraud. Section 689.11 permits one spouse to convey real property directly to both spouses as tenants by the entirety, eliminating the need for an intermediary.

Deed language, homestead interaction, and the consequences when entireties real estate is sold or foreclosed all affect whether the protection holds. A 2024 Florida appellate decision, Grossfeld v. Security National Mortgage Co., held that surplus funds from a foreclosure sale lost their entireties character once the property was sold. The protection attaches to the property, not automatically to its proceeds.

Bank Accounts

Bank accounts are protected under § 655.79 as construed in Loumpos, but the statute’s own exception still has teeth. The account is entireties property “unless otherwise specified in writing,” and the bank’s deposit agreement counts as that writing. Banks that disclaim entireties ownership in their customer agreements can undermine the presumption even for accounts that appear to be joint marital accounts. Married couples should read the ownership provisions in the bank’s customer agreement and confirm it does not reject entireties status.

The resistance we run into most often comes from the bank, not the law. Branch employees at large national banks often cannot find an entireties option in their account-opening software, and couples get steered into joint tenancy with survivorship because that is the box the system offers. We have also seen banks unilaterally retitle properly designated entireties accounts during system conversions, which is why we tell couples to keep copies of their original signature cards.

Brokerage and Investment Accounts

Brokerage and investment accounts present unique challenges because § 655.79 covers only deposit accounts at financial institutions. The Loumpos rule does not reach brokerage accounts, so the common-law unities and the Beal Bank presumptions still control there. Some major brokerages explicitly disclaim entireties ownership in their account agreements. Others offer both a JTWROS option and a separate entireties option, and selecting the wrong one constitutes an affirmative disclaimer.

Automobiles

Automobiles can qualify for entireties ownership in theory, but Florida’s vehicle titling statute creates obstacles. Section 319.22(2)(a) uses “or” as the default conjunction between spouses on joint vehicle titles, which courts have held does not support entireties ownership. Florida’s dangerous instrumentality doctrine creates additional risk: anyone listed on a vehicle title can be liable for injuries caused by any driver. Married couples should generally title vehicles in only one spouse’s name rather than jointly.

LLC Membership Interests

LLC membership interests can be owned as tenants by the entirety if the operating agreement expressly provides for it. Both spouses must have equal management rights, equal economic interests, and survivorship provisions. Making an LLC multi-member through entireties ownership also triggers charging-order-exclusive-remedy protection under § 605.0503(3), which a single-member LLC would not receive. Professional LLC spouse ownership requires careful attention to operating agreement language and licensing regulations.

Exceptions to Tenancy by the Entirety Protection

Under Florida law, joint debts, federal tax liens, fraudulent transfers, and divorce each override or end entireties protection.

Joint Debts

Joint debts are the primary exception. When both spouses are liable on a single obligation, the creditor can reach entireties property. Separate judgments against each spouse based on separate causes of action do not create a joint debt. Only a single judgment naming both spouses jointly permits execution against entireties assets. A creditor who sues the husband for breach of contract and then separately sues the wife for unjust enrichment still holds two individual judgments, not one joint judgment.

Federal Tax Liens

The Supreme Court held in United States v. Craft, 535 U.S. 274 (2002), that federal tax lien law independently defines property interests for collection purposes, and state-law protections do not limit the IRS. The IRS can levy against a spouse’s interest in any entireties asset, and the federal exception to entireties protection extends to both real and personal property.

If the IRS places a lien on entireties property and the tax-debtor spouse dies first, the lien extinguishes. The surviving spouse takes full ownership free of the deceased spouse’s federal tax obligation. If the non-debtor spouse dies first, the lien follows the property into the debtor’s sole ownership. This timing asymmetry can affect planning decisions for couples with IRS exposure.

Fraudulent Transfers

A spouse who converts individually owned assets into entireties property to hinder, delay, or defraud creditors risks having the transfer reversed under Florida’s Uniform Voidable Transactions Act. For real estate and tangible property, the remedy is a reconveyance of title back to the debtor. For cash, a creditor who proves the transfer can obtain a money judgment against the non-debtor spouse for the value received. Courts apply equitable principles to that remedy: a spouse who had no control over the account, wrote no checks, and did not direct the transfer may avoid personal liability.

Divorce

Divorce terminates the tenancy immediately. Once dissolution occurs, § 689.15 converts tenancy by the entirety into tenancy in common. Each spouse’s separate 50% interest then becomes exposed to individual creditors. The exposure window opens as soon as dissolution proceedings begin, and marital settlement agreements should address asset protection through this transition.

What Are the Disadvantages of Tenancy by the Entirety?

The main disadvantage of tenancy by the entirety is that the protection ends at the moments exposure is often highest: the death of a spouse, a divorce, or a debt both spouses owe.

When the first spouse dies, the survivor takes full title automatically and the entireties protection ends at that moment. The property becomes exposed to the surviving spouse’s individual creditors and, at the survivor’s later death, passes through the survivor’s estate. A couple relying on entireties ownership alone has no protection plan for the surviving spouse.

Entireties ownership also constrains estate planning. The property must pass outright to the surviving spouse; directing it into a children’s trust requires severing the tenancy while both spouses are alive. Second marriages create the sharpest conflict, because entireties titling routes the asset to the current spouse regardless of what a will or trust says.

Converting separately owned assets into entireties property has a divorce consequence that many couples never consider: retitling makes the asset presumptively marital, subject to equal division if the marriage ends. A spouse who converts an inheritance into an entireties account for creditor protection has likely converted it into a divisible marital asset at the same time.

The structural disadvantages extend further: transferring entireties property into a trust can destroy the protection, and any joint debt gives a creditor a direct path to the assets.

Tenancy by the Entirety for Non-Residents

Tenancy by the entirety protects Florida property, not Florida residents. A married couple living in another state who own Florida real estate jointly still receive entireties protection because real property is governed by the law of the state where it is located.

The reverse is also true: a Florida resident who jointly owns property in a state that does not recognize tenancy by the entirety cannot claim the protection. A Kentucky couple with Florida rental property gets entireties protection; a Florida couple with Kentucky rental property does not.

Florida financial accounts at Florida-based banks are governed by Florida law. National banks with branches in multiple states, however, typically treat an account as located at the branch where it was opened. Couples relocating to Florida should open new joint accounts at a Florida branch to make sure entireties protection applies.

Can Tenancy by the Entirety Be Preserved in a Trust?

Transferring entireties property into a trust risks destroying the tenancy. A trust is a separate legal entity, and trust ownership may be inconsistent with the unity of marriage. If a married couple deeds their home from “Husband and Wife, as tenants by the entirety” to “Trustee of the Joint Living Trust,” the entireties protection can be lost.

Florida courts have not fully resolved this tension. A bankruptcy court has held that contributing entireties assets to a joint revocable trust forfeited the protection because the trust named children as future beneficiaries, diluting the couple’s exclusive ownership. Other decisions have suggested that both spouses serving as joint trustees with equal control can preserve entireties character, but no Florida statute expressly authorizes it.

The safest approach includes an entireties savings clause in the trust document, limits control to both spouses jointly, and excludes all other beneficiaries during the couple’s joint lifetimes. Coordinating entireties ownership with trust planning requires precise alignment between the trust language and asset titling. Standard living trust forms rarely address this issue.

How Does Tenancy by the Entirety Work in Bankruptcy?

Tenancy by the entirety is one of the strongest exemptions available in bankruptcy. Section 522(b)(3)(B) preserves the exemption for debtors in states like Florida that have opted out of the federal exemption scheme. When one spouse files individually for Chapter 7 or Chapter 13, the trustee cannot reach entireties property to pay that spouse’s individual creditors.

The exemption covers the full value of the property with no dollar cap. It also follows the property rather than the debtor’s domicile: a couple who recently moved to Florida can claim the entireties exemption for Florida property even before satisfying the 730-day residency period that governs which state’s other exemptions apply.

The joint-debt exception still applies: if both spouses are liable on the same obligation, the trustee can administer entireties assets to pay that joint creditor. The strategic considerations for individual versus joint filings affect how entireties protection operates in bankruptcy.

Practical Planning for Entireties Ownership

Married couples in Florida should review the titling of their assets periodically to confirm that all jointly owned property meets the entireties requirements and that account agreements do not inadvertently disclaim entireties ownership. The protection is most effective when liability exposure is concentrated in one spouse and the couple holds their most valuable assets in joint names.

Professional couples where both spouses face potential liability, such as two physicians, may find tenancy by the entirety less effective because any joint creditor can reach entireties assets. Couples in that situation should consider combining entireties ownership with other structures, including LLCs and offshore trust planning.

Tenancy by the entirety does not replace liability insurance. It protects assets after a judgment but does nothing to prevent the judgment or cover litigation costs. The most effective strategy combines adequate insurance coverage with entireties titling, homestead protection, head of household wage exemptions, and entity structuring.