Question about Tenants in the Entirety

[Rexlan]

Florida

I am purchasing a home and the seller will only offer title in my name ... there is no lender.

Can I subsequently create a new Deed to add my spouse and have the new deed as Tenants in the Entirety?

Or does the spouse need to be on the original deed where my interest is created?

Thanks

 

[Mass_Shyster]

At common law, you could not do that. The unities of time, title and interest were not the same, and a deed granting an interest to one's self was considered a nullity and therefore void. People got around this by using a straw. Husband grants to attorney, who would in turn grant to husband and wife as tenants by the entirety. Most states that recognise tenants by the entirety now permit a spouse to grant the property to both as tenants by the entirety. This includes Florida:

Fla. Stat. § 689.11 reads as follows:
(1) A conveyance of real estate, including homestead, made by one spouse to the other shall convey the legal title to the grantee spouse in all cases in which it would be effectual if the parties were not married, and the grantee need not execute the conveyance. An estate by the entirety may be created by the action of the spouse holding title:
(a) Conveying to the other by a deed in which the purpose to create the estate is stated; or
(b) Conveying to both spouses.
(2) All deeds heretofore made by a husband direct to his wife or by a wife direct to her husband are hereby validated and made as effectual to convey the title as they would have been were the parties not married;
(3) Provided, that nothing herein shall be construed as validating any deed made for the purpose, or that operates to defraud any creditor or to avoid payment of any legal debt or claim; and
(4) Provided further that this section shall not apply to any conveyance heretofore made, the validity of which shall be contested by suit commenced within 1 year of the effective date of this law.

 

[Rexlan]

Thank you very much for the explanation ... My concern was granting to myself.

 

[Mass_Shyster]

You're welcome.

You should probably spend a few dollars and have an attorney draft the deed.