Ocean Sands Title Services

🌊 What Happens When a Co-Owner Dies and the Property Was Held as Tenants in Common?

Ocean Sands Title | Florida Closing & Title Education

When two or more people own Florida real estate as tenants in common, each person holds a separate, undivided interest. That matters if one owner passes away.

🕊️ 1️⃣ Their Share Does Not Transfer to the Surviving Owner

Under Florida law, tenancy in common does not include a right of survivorship.
The deceased owner’s share becomes part of their estate and is transferred according to:
• their will, or
• Florida intestacy laws if there is no will.

🏛️ 2️⃣ Probate Is Usually Required

Because the deceased owner’s share becomes an estate asset, it typically must go through the Florida probate process before it can be legally transferred to heirs or beneficiaries.

🏡 3️⃣ Can the Surviving Owner Sell the Property?

➡️ Not the entire property on their own.
The surviving owner may only sell their own interest.
To sell the whole property, they’ll need:
• the personal representative of the estate, or
• the heirs/beneficiaries
to agree and join in the conveyance.

If parties cannot agree, Florida law allows for a partition action, which can result in a court-ordered sale.

⚖️ Important Note
This post is for general informational purposes only and is not legal advice. For specific legal guidance, please consult a Florida-licensed attorney.

🌴 Ocean Sands Title
Your trusted resource for Florida closings, title education, and smooth real estate transactions.
13753 Linden Drive, Spring Hill, Florida 34609
813-499-9949

🏡 Did you know that when you buy a home in Florida, you aren’t just purchasing the structure, you’re also purchasing the property’s legal history? That’s why title insurance is such a critical part of protecting your investment.

✔️ What Title Insurance Does

Title insurance helps protect homeowners and lenders against financial loss resulting from problems in a property’s title, such as:
• Unknown liens
• Errors in public records
• Claims from prior owners
• Unreleased mortgages
• Undisclosed heirs
• Fraud or forgery in past transfers

A title search helps identify many issues, but title insurance gives you protection even after closing, just in case something was missed or couldn’t have been discovered.

🌴 It’s Especially Important in Florida

Florida’s real estate market has:
• A high number of prior owners
• Frequent transfers and refinances
• Complex homestead laws
• Significant exposure to fraud and identity-related property crimes

This makes clear title and title insurance even more essential for buyers and lenders.

🛡️ One-Time Cost, Long-Term Protection

Unlike other types of insurance, you pay for title insurance only once at closing—and it protects you for as long as you own the property.

Ocean Sands Title
(813) 499-9949
13753 Linden Drive
Spring Hill, Florida 34609
[email protected]

This message is for informational purposes only, is not legal advice.

Specific requirements may vary by county, lender, and transaction type. Always review your official closing documents and consult a Florida-licensed real estate attorney or title professional for advice on your specific situation.