Selling a House Owned as Tenancy by the Entirety in Florida

Many married couples in Florida hold their house as tenancy by the entirety, a specific form of ownership available only to spouses, without necessarily realizing it has its own rules that differ from other ways of co-owning property. Understanding what this ownership form means matters before listing or selling, especially if a marriage is ending. Here is generally how it works.

What tenancy by the entirety actually means

Under Florida Statute 689.11, a conveyance of real estate to both spouses, or a conveyance from one spouse to the other with language stating the intent to create the estate, can establish tenancy by the entirety. Rather than treating each spouse as a separate, individual co-owner the way tenants in common are treated, this form of ownership treats the married couple as a single legal owner of the whole property. It generally carries a right of survivorship, so when one spouse dies, the surviving spouse automatically becomes the sole owner without the property having to go through probate.

Why both spouses generally must join a sale

Because the couple is treated as one legal owner rather than two separate owners with individually severable shares, one spouse typically cannot sell, mortgage, or otherwise convey the property without the other spouse joining in and signing. This is a meaningful difference from a tenancy in common, where an individual co-owner may be able to sell or encumber just their own separate share. A title company handling a sale of entirety property will generally require both spouses to sign the closing documents.

What changes after a divorce

Under Florida Statute 689.15, upon dissolution of marriage, tenants who held property by the entirety become tenants in common. This is a significant shift: the unified spousal ownership ends, and the former spouses instead hold separate, individually severable interests in the property. Depending on how a divorce case handles the marital home, this reclassification can affect how the property is divided, sold, or transferred as part of the settlement. See our guide on selling a house during divorce in Florida for how the broader divorce process interacts with a home sale.

Confirming what type of ownership actually applies

Not every married couple who owns property together automatically holds it as tenancy by the entirety. The specific form of ownership depends on the exact language in the deed and whether Florida law's requirements for creating that estate were actually met. A couple could instead hold title as tenants in common, with separately severable shares, or in some cases as joint tenants with an expressly stated right of survivorship. Because the consequences differ meaningfully, especially around whether one spouse can act alone and what happens after a death or divorce, reviewing the actual recorded deed is the only reliable way to confirm which form of ownership applies to a specific property.

Where a direct sale fits

Whatever the ownership form, a cash, as-is sale still generally requires all necessary parties, both spouses if the property is held as tenancy by the entirety and remains intact, to sign the closing documents. A cash sale doesn't change who needs to be part of the transaction; it can simplify other parts of the process, like avoiding a financed buyer's appraisal and lender-required repairs, while the ownership and signature requirements are handled the same way a title company would handle them for any sale. If co-owners more broadly can't agree on selling, see our guide on selling a house with multiple owners in Florida for how that separate situation is generally resolved.

Frequently asked questions

What is tenancy by the entirety in Florida?

Tenancy by the entirety is a form of property ownership available only to married couples, where the husband and wife are treated as a single legal owner rather than as two separate co-owners. Under F.S. 689.11, a conveyance to both spouses, or specific language creating the estate, can establish this form of ownership, and it generally carries a right of survivorship, meaning the surviving spouse automatically becomes the sole owner when the other spouse dies.

Do both spouses have to sign to sell a house held this way?

Generally yes. Because tenancy by the entirety treats the married couple as a single owner, one spouse typically cannot sell, mortgage, or otherwise convey the property without the other spouse's participation and signature. This is different from a tenancy in common, where individual co-owners may each have separate, severable interests.

What happens to tenancy by the entirety after a divorce?

Under F.S. 689.15, upon dissolution of marriage, tenants who held property by the entirety become tenants in common. This changes the legal character of the ownership from the unified spousal interest to separate, individually held shares, which affects how the property can be divided, sold, or transferred going forward.

How is this different from just being co-owners as a married couple?

Not every married couple who co-owns property automatically holds it as tenancy by the entirety; the specific form of ownership depends on how the deed was written and Florida law's requirements for creating that estate. A couple could instead hold title as tenants in common or, less commonly for a primary residence, as joint tenants with a stated right of survivorship. Reviewing the actual deed is the only way to confirm which form of ownership applies to a specific property.

Selling a house owned by a married couple and want to understand your options? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Orange County, Lake County, and Osceola County. This article is general information, not legal advice. A title company or Florida real estate attorney reviewing the actual recorded deed is the right resource for confirming ownership type and what's needed to close.