The Short Answer

In Florida, a married couple can hold their own fractional share of a property as tenants by the entirety (TBE), while the property as a whole is owned with other people as tenants in common (TIC). Practically, that means each couple’s “slice” can pass automatically to the surviving spouse, but there is no automatic survivorship between the different couples unless the deed clearly creates it.

What Florida Law Says

Florida’s default rule is that when real estate is conveyed to “two or more” owners, it is treated as a tenancy in common unless the deed expressly provides for survivorship—except that Florida preserves survivorship for estates by the entirety between spouses. This is why deeds involving multiple married couples often end up as a hybrid: each couple may hold their share as TBE, and the couples together hold the property as TIC.

The Statute

The primary law governing this issue is Fla. Stat. § 689.15.

This statute establishes that Florida generally does not presume survivorship for joint owners, and that a conveyance to two or more people creates a tenancy in common unless survivorship is expressly stated—while recognizing survivorship for tenancy by the entirety between spouses.

If one spouse in a TBE couple dies, the surviving spouse typically takes that couple’s interest by operation of law (often keeping it out of probate). For more on that concept, see tenancy by the entirety and probate in Florida.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific deed and family situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If an owner dies and their share is actually TIC (not TBE), probate timing and creditor deadlines can affect what happens next and whether a sale/partition becomes necessary.
• Burden of Proof: Whether a married couple truly holds title as TBE can turn on the deed language and facts about the marriage at the time of conveyance—mistakes can unintentionally create TIC interests that must go through probate.
• Exceptions: Divorce/dissolution can change the character of a TBE interest into a tenancy in common, and unclear deed drafting can create disputes among surviving spouses, heirs, and the other co-owners.

When multiple couples co-own property, a single mis-titled deed or misunderstood survivorship feature can trigger probate, litigation between co-owners, or a forced sale. An attorney can review the deed, confirm how title is legally held, and advise on risk (including probate exposure and co-owner disputes). If co-owners cannot agree after a death, partition may become an issue; see Florida tenants-in-common rights and partition actions in Florida.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.