Tenants by Entireties Ownership of Automobiles

Two spouses can own an automatible as tenants by entireites.

Tenants by the entireties is a form of joint property ownership available only to married couples, where both spouses have an equal and undivided interest in the property.

This form of ownership provides unique protections, such as shielding the property from creditors of only one spouse, since both spouses are considered a single legal entity in this context. Upon the death of one spouse, the surviving spouse automatically retains full ownership of the property, bypassing probate.

Florida law says that when co-owners title a vehicle using the conjunction “or” the vehicle shall be held in joint tenancy (not tenants by entireties).

When a married couple owns a car as husband and wife, then upon the death of the first spouse to die, ownership automatically passes to the survivor, and the car ownership is considered to be owned as tenants by entireties. Automatic transfers upon death to a co-owner are known legally as “survivorship” of title.

In Beal Bank, the Florida Supreme Court said clearly that survivorship of title is a necessary element of tenancy by the entireties.