Turning Straw Into Gold: A Comprehensive Guide to Tenants by the Entirety in Florida

Published: May 1, 2025

Authored by Dean Mead estate planning attorney Joseph Percopo, following is an excerpt of the article “Turning Straw Into Gold: A Comprehensive Guide to Tenants by the Entirety in Florida,” published in the May/June edition (Vol. 99, No. 3) of The Florida Bar Journal. To read the article in its entirety click here. 

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In the tale of Rumpelstiltskin, a miller’s daughter, with the aid of a mysterious figure, turns straw into gold, thereby transforming something ordinary into something of immense value. In the legal realm, married couples in Florida possess a similarly magical power: the ability to own their ordinary property as tenants by the entirety (TBE) property. TBE treats the couple as a single legal entity and offers significant protection from individual creditors while both spouses are living. While TBE is not the only form of property ownership available to a married couple, as Florida also permits couples to own property separately from each other, through a life estate or remainder interest, as joint tenants with rights of survivorship, and even as community property, TBE remains the one form of direct ownership that is available exclusively to married couples. Despite the availability of TBE property ownership, the process of creating and maintaining TBE property requires a thorough understanding of Florida law and careful attention to detail.