You own property with your spouse as “tenants by the entirety.” And I’m sure you have heard about the restrictions on devising your homestead. But guess what? The Florida constitutional restrictions on the devise of homestead property do not apply to property owned by spouses as tenants by the entirety. As a result, the property passes by survivorship to the surviving owner. This is true even when the deceased owner is survived by minor children.
However, the homestead property becomes subject to restrictions on devise if the surviving tenant has a minor child or remarries. These examples may clarify the law-some of them sound downright scary! If you do not know how you own the property, check out the deed on the Property Appraiser’s website for your particular county. Learn about other ways to own property.