Upon dissolution of the marriage, tenants by the entireties become tenants in common. That is the rule stated in Florida Statutes section 689.15. Do not confuse a final divorce with spouses simply living apart.

For a study example, assume two spouses own a home as tenants by the entireties. Their marriage is dissolved, and no separate award or conveyance changes the ownership in the facts given. The former spouses now hold as tenants in common, rather than continuing the marital entireties estate.

The change matters because tenancy in common does not carry the automatic survivorship feature of the former entireties ownership. It also does not physically split the house into separate pieces. Co-ownership interests and the right to occupy a particular room are different questions.

A useful way to read a problem is:

1. Identify the original estate. Does it actually say tenancy by the entireties?
2. Identify the event. Has the marriage been dissolved, or are the spouses only separated?
3. Check for additional facts. Does a judgment, settlement, or later deed award or convey the property?

That final step is important outside a simplified example. The statutory change is not the whole answer when divorce documents provide for a sale, transfer, or other disposition. A title professional or Florida attorney needs to review the actual documents before anyone relies on a particular ownership conclusion.

Keep ownership questions separate from loan questions, too. Do not assume that identifying the new form of ownership answers who a lender can require to pay. Review the loan documents and any lender-approved changes separately.

Our property rights study guide compares ownership forms so that the difference between a tenancy, an ownership share, and survivorship is easier to follow.