If you’re inheriting, buying, or restructuring ownership of Florida real estate, how you hold title matters. Two common ways co-owners hold title are Tenants in Common (TIC) and Joint Tenants with Right of Survivorship (JTWROS).
They sound similar—but they work very differently, especially at death, during a sale, and when creditors or taxes are involved. At Inherited Property Advisors, our Florida Inherited Property Advisors recommend choosing the structure that matches your goals for control, risk, and legacy.
Below is a clear, Florida-specific guide to help you decide.
Key Takeaways:
- Probate: JTWROS generally avoids probate; TIC does not.
- Inheritance: TIC shares pass by will or intestacy; JTWROS passes automatically to surviving co-owners.
- Control: TIC lets each owner control and transfer their share; JTWROS is less flexible and can be unintentionally severed.
- Creditor risks: Neither TIC nor JTWROS shields you from individual creditors, but tenancy by the entirety (for married couples) may offer stronger protection.
- Taxes: Title choices can affect gift taxes, capital gains, and step-up in basis at death.
- Florida default: If your deed doesn’t say JTWROS (or TBE for spouses), Florida usually defaults to TIC.
Our Florida Inherited Property Advisors recommend reviewing your deed language and your goals before you make changes.
What Is Tenants in Common (TIC) in Florida?
- Ownership shares: Each co-owner holds an undivided share, which can be equal or unequal (for example, 70/30).
- Transfer at death: A TIC share is part of your probate estate and passes by your will or Florida intestacy if you have no will.
- During life: You can sell, gift, or mortgage your share without consent from other co-owners (though practical and market constraints apply).
- Partition: Any co-owner can ask a court for partition (either dividing the property or forcing a sale).
- Default: If the deed simply lists multiple owners without words of survivorship, Florida treats it as TIC by default.
Our Florida Inherited Property Advisors recommend TIC when co-owners want independent control, unequal contributions, or the ability to leave their share to heirs.
What Is Joint Tenancy with Right of Survivorship (JTWROS) in Florida?
- Survivorship: When one owner dies, their interest passes automatically to the surviving co-owners—no probate for that property.
- Equal shares: JTWROS typically assumes equal interests among co-owners.
- Severance risk: If any joint tenant sells or transfers their interest, that action can sever the survivorship for that portion, turning it into TIC.
- Creditors: A creditor of one joint tenant can generally attach that tenant’s share.
Our Florida Inherited Property Advisors recommend JTWROS when avoiding probate for a specific property is a top priority and all co-owners are aligned.
Florida-Specific Twist: Tenancy by the Entirety (TBE) for Married Couples
Florida recognizes tenancy by the entirety for married couples. It includes survivorship like JTWROS but often offers stronger creditor protection—a creditor of one spouse alone generally cannot reach TBE property.
If a deed conveys property to a married couple as “husband and wife,” Florida typically presumes TBE unless stated otherwise.
Our Florida Inherited Property Advisors recommend spouses confirm whether their deed is TBE; it may be better than JTWROS for creditor protection while still avoiding probate at the first spouse’s death.
Probate and Inheritance: Who Gets the Property?
- TIC: The decedent’s share goes through probate and can be left to children, a trust, or anyone named in a valid will. Without a will, Florida intestacy rules apply.
- JTWROS: The surviving co-owner(s) take full ownership automatically. The decedent’s heirs do not inherit that property interest.
If your goal is to leave your interest to your children but co-own with a non-heir, TIC is usually the better fit. If your goal is to ensure a surviving spouse or partner takes full title seamlessly, JTWROS (or TBE for spouses) can be ideal.
Control During Life and Exit Options
- TIC: Maximum flexibility. You can transfer or encumber your share. Any co-owner can force a sale through partition if cooperation breaks down.
- JTWROS: Less flexible. A unilateral transfer can accidentally sever survivorship. If you want to preserve survivorship, all owners should act together.
Our Florida Inherited Property Advisors recommend setting a written co-ownership agreement—especially for TIC—to cover expenses, improvements, buyouts, and dispute resolution.
Creditor Exposure and Risk
- TIC and JTWROS: A creditor of one owner can generally attach that owner’s share.
- TBE (spouses): Often protects against creditors of just one spouse.
If creditor protection is a concern, our Florida Inherited Property Advisors recommend exploring TBE (for married couples) or trust-based strategies with qualified counsel.
Tax Considerations (High-Level)
- Step-up in basis:
- TIC: The decedent’s portion receives a step-up in basis at death.
- JTWROS (non-spouses): Typically, only the decedent’s share steps up; the survivor’s share keeps their original basis.
- Married couples in Florida (not a community property state): Often only the deceased spouse’s half gets a step-up at first death, not a full step-up on the entire property.
- Gifts: Adding a child or non-spouse to your deed (TIC or JTWROS) can be a taxable gift and may reduce future step-up benefits.
- Documentary stamp tax: In Florida, changing title when there’s a mortgage can trigger doc stamps, even if no money changes hands.
Our Florida Inherited Property Advisors recommend getting tax advice before adding someone to your deed. The “avoid probate now” move can lead to bigger tax bills later.
Florida Homestead and Medicaid Nuances
- Homestead restrictions: Florida’s Constitution limits how homestead can be devised if you have a surviving spouse or minor child. Poorly structured JTWROS or TIC arrangements can conflict with these rules.
- Medicaid estate recovery: Florida recovery is generally limited to probate estates, so non-probate transfers (like JTWROS) may avoid recovery—but planning should be holistic and compliant.
Our Florida Inherited Property Advisors recommend coordinating title choices with homestead, estate, and elder law planning to avoid unintended consequences.
How to Tell What You Have Now
Check your recorded deed for vesting language:
- “as joint tenants with right of survivorship” = JTWROS
- “husband and wife” (spouses) = likely TBE
- No survivorship language = usually TIC
Don’t rely on assumptions—title is determined by exact wording. Our Florida Inherited Property Advisors recommend obtaining a current copy of your deed from the county recorder and having it reviewed.
Which Is Better for You?
- Choose TIC if:
- You want to leave your share to specific heirs (children from a prior marriage, for example).
- Co-owners contribute unequally and want flexibility.
- You’re comfortable with probate for orderly distribution.
- Choose JTWROS if:
- Avoiding probate for this property is a top priority.
- All co-owners agree on long-term control and exit plans.
- You understand severance risks and creditor exposure.
- Choose TBE (spouses) if:
- You want survivorship plus often stronger creditor protection as a married couple.
Our Florida Inherited Property Advisors recommend matching the title form to your family structure, creditor profile, and tax plan—not just convenience.
Common Pitfalls to Avoid
- Adding a child to title to “avoid probate” without considering gift tax, step-up in basis, or their creditor/divorce risk.
- Assuming a deed with multiple names is JTWROS when it’s actually TIC.
- Ignoring Florida homestead restrictions and spousal rights.
- Forgetting that any co-owner can force a partition sale if cooperation breaks down.
- Overlooking documentary stamp tax when there’s an outstanding mortgage.
Quick FAQs
- Does JTWROS always avoid probate in Florida?
Yes, for that property interest—provided survivorship wasn’t severed before death. - Can I switch from TIC to JTWROS?
Yes, with a new deed executed by all owners. Mind taxes, homestead, and creditor issues. - Is JTWROS better than a trust?
Different tools. Trusts can offer probate avoidance plus more control and protection. Many Florida families prefer a revocable trust for planning flexibility. - Do married couples need JTWROS?
Often no. TBE is commonly presumed and may be better. Confirm your deed.
Conclusion
The difference between tenants in common and joint ownership with right of survivorship in Florida comes down to what happens at death, how much control you want during life, and how you view risk. Inherited Property Advisors helps families choose the right path, align deeds with estate plans, and avoid costly surprises.
For your situation, our Florida Inherited Property Advisors recommend a deed review and a short strategy session to balance probate, taxes, creditor exposure, and homestead rules.Ready to get clarity? Contact Inherited Property Advisors today. Our Florida Inherited Property Advisors recommend acting before a life event forces a rushed decision.