Title Options for Gay Married Couples in Florida - Tenants by Entireties

I would like to congratulate you if you have

recently become a legally recognized gay married couple in Florida and I know you have a lot to do both before and after your wedding, but I wanted to talk a little bit about the title of your home together. Whether you already own a home as a couple or you are going to buy a home as a couple, you will want to consider a couple of things before moving forward. Things like how will we take title on our home and who is the right gay real estate agent to help us.

I am going to start with any couple that was not living together prior to getting married. Now that you are married, you most likely will begin discussing buying a home together as a married couple.  You will want to consult your attorney before making any title decisions but most people will want to take title as "Tenants by Entireties". This form of land ownership in Florida is only used with a married couple.  The Tenants by Entireties will provide that when one spouse passes, the ownership will transfer directly to the surviving spouse without the need for probate.  The Tenants by Entireties ownership also protects the homestead from creditors of one spouse affecting the other. Please consult your attorney if you have any specific questions about Tenants by Entireties if you are a gay married couple.

Those of us who owned our home before getting

married to our longtime companions, most of us took title as "Joint Tenants with Full Survivorship Rights" since that was the best we had before having the right to marry as gay people.  You may want to consider having your home re-titled "Tenants by Entireties" as a gay married couple to further protect you and your spouse in the future.  If you are not sure if changing your title is the right choice for you and your partner I urge you to consult your attorney before making any major decisions regarding your marriage and the title to your home together.

Please contact me if you or someone you know is in need of a gay real estate agent in Western Pasco county Florida.  I am your local gay real estate professional in New Port Richey, Trinity, Port Richey and Hudson Florida. 

 

The content of this article is not meant to be legal advice, please consult your attorney or local title agency for answers to your specific questions.

written by Michael J. Gallotitle