[llp1949]

When own a house should it be Linda and Frank Smith (or) Frank Smith or Linda Smith We where told or because if the other person died you wouldn't be able to sell it without going to court.We live in FL.

[AK lawyer]

Florida Statute 689.15:

"Estates by survivorship.—The doctrine of the right of survivorship in cases of real estate and personal property held by joint tenants shall not prevail in this state; that is to say, except in cases of estates by entirety, a devise, transfer or conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly provide for the right of survivorship; and in cases of estates by entirety, the tenants, upon dissolution of marriage, shall become tenants in common."

In other words, if you are married you can be tenants by the entirety. If you are not married, the deed has to specify "joint tenants with the right of survivorship", or words of similar import, to avoid probate.

[LisaB4657]

If you are married, and if you want the house to become 100% the property of the surviving spouse after one of you passes away, then the deed should say "Frank Smith and Linda Smith, husband and wife".

If you are not married and you want the house to become 100% the property of the surviving owner after one of you passes away, then the deed should say "Frank Smith and Linda Smith, as joint tenants with the right of survivorship".

[AK lawyer]

If you are married, and if you want the house to become 100% the property of the surviving spouse after one of you passes away, then the deed should say "Frank Smith and Linda Smith, husband and wife". ...

And to be sure, I would add "... as tenants by the entirety."

"... In some jurisdictions, to create a tenancy by the entirety the parties must specify in the deed that the property is being conveyed to the couple "as tenants by the entirety," while in others, a conveyance to a married couple is presumed to create a tenancy by the entirety unless the deed specifies otherwise... " http://en.wikipedia.org/wiki/Tenancy...y_the_entirety

[Fr_Chuck]

So it is not how you "Sign" but how the deed is written and made out.

[llp1949]

We went to the court house,and they said to put it and,because if one of us died,the other wouldn't be able to sell it,without going to probate.We donot have a will,so now the deed is Linda Smith or Frank Smith,what happens if we leave it or..

[Fr_Chuck]

I have merged your posts, please do not start a new thread to merely add information to your first post.

As noted, does it in the deed list as man and wife or does it show with right of survivial?

[ScottGem]

You received some very helpful answers. But those answers indicate that it is important to know whether you are married or not. Those answer also indicate that it is not how the deed is "signed", but how the deed is TITLED.

If you have any followups, please use the Answer options below.

[AK lawyer]

... so now the deed is Linda Smith or Frank Smith,what happens if we leave it or...?

What happens is this: Say, for example, Frank dies first. Linda continues to live in the house for a number of years, and then decides she wants to sell the property. The buyer will get a title report which shows this "defect" in her title. She will have to hire an attorney to probate Frank's estate (You are not allowed to represent yourself in Florida probate court. Linda would have to hire an attorney.)

Save yourselves a lot of time, trouble, and expense down the road. Hire an attorney now to prepare a deed correctly. And while you are at it, have wills prepared.

[llp1949]

Is the same with a car title ? Thank YOU...

[ScottGem]

Is this about a car title or a property title? Car titles are different. Generally car titles are not held jointly.

[llp1949]

Let me see if I understand this if the deed is in both names and says AND,no problem if the other person dies,the surviving spouse can sell the property.without a problem.Now does it take 2 signatures to sell if both spouses are still alive or one? On car titles.it is okay to have or,and does it mean,either one of us can sell the car without the other person?What if you have AND on a car title and the person passes away ?

[AK lawyer]

Let me see if I understand this if the deed is in both names and says AND,no problem if the other person dies,the surviving spouse can sell the property.without a problem. ...

No. You don't understand, evidently.

If the deed is to H and W, and one dies, the survivor can not sell the property. I would belong, in common, to the decedent's estate and the survivor.

... Now does it take 2 signatures to sell if both spouses are still alive or one? ...

Both would have to sign.

... On car titles.it is okay to have or,and does it mean,either one of us can sell the car without the other person?What if you have AND on a car title and the person passes away ?

Hopefully you finally understand that car titles (or bank accounts) are not the same as real property. I'm not sure about "or" on car titles, but clearly "and" would present the same problem, on death of one of them, that real property would present.

[ScottGem]

For real property see posts 3 & 4 for how the deed should be titled, its not quite that simple. If both owners are living then both owners have to sign a transfer deed.

As for a car, again, generally car titles are not held jointly. Check with your auto insurer about doing so.

[LisaB4657]

On a deed for real property you should never use the word "or". It creates doubt as to how the title to the property is held. There is either one owner or two owners. If there are two owners then the word "and" should always be used.