Which Banks Offer Tenancy by the Entirety?

Florida law presumes that any joint bank account owned by a married couple is held as a tenancy by the entirety. This presumption, codified in Florida Statutes Section 655.79, means the account is fully protected from creditors of either individual spouse. Only joint creditors of both spouses can reach the funds.

That presumption is not bulletproof. A bank’s deposit agreement or signature card can override it. If the account contract expressly disclaims tenancy by the entirety ownership, or the couple selects a different form of joint ownership when a TBE option is available, the protection disappears. The Florida Supreme Court established this rule in Beal Bank, SSB v. Almand & Associates, 780 So. 2d 45 (Fla. 2001).

Why the Account Agreement Matters

Florida’s TBE presumption can be rebutted in two ways. First, if the couple signs an express statement disclaiming tenancy by the entirety along with a designation of another ownership form. Second, if the bank offers TBE as one of several options on the signature card and the couple selects something else instead.

The second scenario is the more common trap. Many account applications list “joint tenants with right of survivorship” and “tenants by the entirety” as separate choices. A couple that checks the JTWROS box has effectively rejected TBE, even if they did not understand the distinction. Courts have held that the bank has no duty to explain the asset protection consequences of each option.

A subtler risk arises when the bank’s written account agreement itself disclaims TBE. Even if the signature card says nothing about ownership form, a clause in the fine print stating that all joint accounts are held as JTWROS “and not as tenants by the entirety” can defeat the presumption. The Fourth District Court of Appeal reinforced this principle in Storey Mountain, LLC v. George (Fla. 4th DCA 2023), holding that the bank’s customer agreement controlled over the spouses’ apparent intent.

When a bank does not offer TBE at all, a Florida bankruptcy court has held that the couple bears the initial burden of proving they intended entireties ownership. Meeting that burden requires the couple to have known about TBE, requested it, and documented the request. Most depositors cannot satisfy that standard after the fact.

Major Banks

The table below summarizes TBE policies for joint personal accounts at major national and regional banks.

Allowed indicates the bank permits or recognizes TBE ownership.

Not Allowed means the bank’s contract expressly refuses or disclaims TBE ownership.

Not Specified indicates no explicit mention in the agreement, so Florida’s default TBE presumption applies absent a disclaimer.

Institution	TBE Stance	Notes
Bank of America	Allowed	No TBE disclaimer in its standard account agreement. The signature card includes a tenancy by entireties election. Florida’s default presumption applies.
Chase (JPMorgan Chase)	Allowed (Explicit)	Chase’s deposit agreement states that a Florida joint account owned by spouses “is a ‘tenants by the entirety’ account unless the signature card indicates otherwise.” TBE is recognized by default.
Wells Fargo	Not Specified (Presumed Allowed)	The agreement does not expressly reject TBE. Joint accounts default to JTWROS “unless applicable state laws require other treatment.” Florida’s TBE presumption stands.
Citibank	Not Specified (Presumed Allowed)	No known language disclaiming TBE. Joint accounts default to joint tenancy, but Citi does not opt out of Florida’s TBE rule. A spousal joint account is presumed TBE.
Truist (SunTrust/BB&T)	Not Allowed (Explicit)	Truist’s deposit agreement states that any joint account is held as JTWROS “and not as ‘tenants by the entirety.'” The agreement prohibits changing ownership to TBE without the bank’s approval. SunTrust was historically the first major bank to refuse entireties titles.
PNC Bank	Not Allowed (Explicit)	PNC’s customer agreement says Florida spousal accounts are “NOT owned as tenants by the entireties unless otherwise expressly designated,” and PNC “reserves the right to refuse to allow” TBE designation at its discretion.
Regions Bank	Not Allowed by Default	Regions defaults to JTWROS for Florida couples “unless otherwise expressly designated on the signature card or other account records.” A TBE designation is possible but requires explicit setup. Without it, the account is not TBE.
Fifth Third Bank	Not Allowed (Explicit)	The account agreement states that a joint account “shall be deemed as owned as joint tenants with right of survivorship and not as tenancy by the entireties.”
TD Bank	Not Specified (Presumed Allowed)	TD Bank’s consumer account terms do not appear to disclaim TBE for Florida accounts. The statutory presumption should apply.
Capital One	Not Specified (Presumed Allowed)	Capital One’s deposit agreement does not include TBE-specific language or disclaimers. Florida spousal joint accounts should fall under the default TBE presumption.

Online Banks and High-Yield Savings Accounts

High-yield savings accounts at online banks present a TBE question because the deposit agreements, not in-branch conversations, control whether the statutory presumption survives.

Under Florida Statute 655.79(1), all spousal bank accounts are considered tenancy by the entirety “unless otherwise specified in writing.” The Storey Mountain v. George decision clarified that “writing” includes any agreement incorporated by reference into the signature card. The language in an online bank’s deposit agreement can override the TBE presumption even if the signature card itself never mentions TBE.

The results across online banks are mixed. One institution explicitly recognizes TBE. Several designate all joint accounts as JTWROS in their written agreements, which raises the question of whether that designation constitutes a disclaimer under Storey Mountain. A bank that says nothing about ownership type leaves the Florida statutory presumption intact. A bank that affirmatively designates accounts as JTWROS “only” may be specifying an alternative form of ownership in writing.

Institution	TBE Stance	Notes
Synchrony Bank	Allowed	Synchrony’s deposit agreement explicitly states that if two married spouses are the only joint owners and reside in a state that recognizes TBE, the account is owned as tenants by the entireties. This is the strongest language among online banks.
American Express National Bank	Not Specified	The Amex deposit agreement defines joint accounts as “Joint Account with Right of Survivorship (and not as Tenants In Common).” It disclaims tenancy in common but does not disclaim TBE. Because TBE is not excluded, the Florida presumption should apply.
Barclays (US)	Not Specified	Barclays’ online savings terms do not address TBE or specify a particular joint ownership type beyond standard “joint account” language. Florida’s default presumption would apply.
Ally Bank	Ambiguous	Ally’s deposit agreement states that “all owners are joint tenants with right of survivorship.” It does not expressly say “and not TBE,” but the written JTWROS designation could be read as specifying an ownership form. A creditor could argue under Storey Mountain that this overrides the TBE presumption.
Marcus by Goldman Sachs	Ambiguous	Marcus’s deposit agreement designates joint accounts as “joint tenancy with right of survivorship.” It does not expressly disclaim TBE, but it does name a different ownership form in writing. The same Storey Mountain risk applies.
CIT Bank / First Citizens	Ambiguous	CIT Bank’s agreement states that “all joint accounts are titled as joint tenants with right of survivorship.” The same Storey Mountain analysis applies.
Discover Bank	Likely Not Allowed	Discover’s agreement (now under Capital One) states that “all Joint Accounts are established as joint tenancy with right of survivorship only.” The word “only” excludes other ownership forms, including TBE.

Online banks also present a situs question. Florida’s TBE statute applies to accounts held at Florida financial institutions, and federal law generally treats a national bank account as located where it was opened. With an online-only bank that has no physical branches, the analysis depends on the bank’s account agreement and where it designates the account as being held.

For couples who want to maximize TBE protection in a high-yield savings account, Synchrony is the strongest choice among online banks because it explicitly recognizes entireties ownership. American Express and Barclays are reasonable options because neither disclaims TBE. Ally, Marcus, and CIT Bank carry some legal uncertainty because their agreements designate JTWROS in writing, which a creditor could use in a Storey Mountain argument. Discover is the weakest choice because its agreement appears to affirmatively limit accounts to JTWROS only.

Online bank agreements change periodically. A bank that does not currently disclaim TBE could add such language at any time. Reading the current deposit agreement before opening the account and keeping a copy is the safest approach.

Florida Credit Unions

Florida-based credit unions generally follow the state’s default TBE rule. None of the major Florida credit unions explicitly reject TBE ownership in their personal account terms.

Credit Union	TBE Stance	Notes
Suncoast Credit Union (Tampa)	Not Specified (Default)	Florida’s largest credit union. No TBE restrictions in the membership and account agreement.
VyStar Credit Union (Jacksonville)	Not Specified (Default)	No disclaimer of TBE. Joint accounts include rights of survivorship, consistent with TBE.
Space Coast Credit Union (Melbourne)	Not Specified (Default)	No account agreement language rejecting TBE. Spousal accounts fall under the Florida presumption.
MIDFLORIDA Credit Union (Lakeland)	Not Specified (Default)	No TBE limitations in personal account disclosures.
GTE Financial (Tampa)	Not Specified (Default)	No TBE prohibition in account agreements.
Fairwinds Credit Union (Orlando)	Not Specified (Default)	No contractual disclaimer. Spousal joint accounts have TBE status by default.

National Credit Unions

National credit unions with large Florida membership also generally follow the TBE presumption, though couples with older accounts at some institutions should verify their original account documents.

Credit Union	TBE Stance	Notes
Navy Federal Credit Union	Not Specified (Presumed Allowed)	Account disclosures define joint ownership and survivorship but do not mention or disclaim TBE. Default presumption applies in Florida.
PenFed Credit Union	Not Specified (Presumed Allowed)	No mention of TBE ownership in the account agreement or signature card.
USAA Federal Savings Bank	Not Specified (Presumed Allowed)	The current account agreement does not expressly disclaim TBE ownership. However, a prior version of the USAA agreement did disclaim tenancy by entireties. If the account was created while that prior agreement was in effect, the account may not be TBE even though the agreement later changed. Couples with older USAA accounts should review their original account documents or consider opening a new joint account under the current terms.

What to Do If Your Bank Doesn’t Allow TBE

A married couple whose bank explicitly disclaims tenancy by the entirety has two practical options. The first is to open a new joint account at a bank that does allow TBE and transfer the funds. Chase, Bank of America, and most Florida credit unions are reliable choices. For high-yield savings, Synchrony Bank is the safest option because its deposit agreement explicitly recognizes TBE.

The second option is to contact the bank and ask whether a TBE designation can be added to the existing account. Some banks, like Regions, will allow it upon request.

Simply being married and having a joint account does not guarantee protection. Reviewing the bank’s deposit agreement and signature card is essential. If TBE was an option and the couple selected something else, or if the agreement expressly disclaims TBE, the account may not be exempt from an individual spouse’s creditors.

Tenancy by the entirety is one of the simplest creditor protections Florida offers married couples, and the opening process matters as much as the choice of institution. Selecting the wrong ownership option on the signature card, overlooking a disclaimer in the fine print, or adding a spouse to an existing account instead of opening a new one can all defeat the protection entirely.

The Supreme Court’s decision in United States v. Craft allows federal tax liens to attach to TBE property even when state law would otherwise protect it. Married couples with IRS exposure need to account for that exception when evaluating TBE as a creditor defense.