Florida’s Deed Titling Options – which is best for you? 10-17-26 Podcast

Real Estate Matters has been Palm Coast and Flagler County, Florida’s real estate voice for more than 12 years.

In Florida, real estate titling options dictate far more than simple ownership percentages. How you record a title directly affects creditor protection, probate exposure, tax liabilities, estate transfers, and control over future conveyances. The devil is in the details.

Real Estate Matters invites attorney Diane Vidal from Chiumento Law to help us understand this important topic.

Watch the Podcast and read the Show Notes below for more details.

Be sure to check out the continually updated interactive Flagler County Map of Developments and Subdivisions.

Raw Show Notes

Show Notes for 10-17-2026

Recorded 10-16-2026

Welcome to the tranquil side of Florida. This is Real Estate Matters, the voice of real estate in Flagler County and Palm Coast for more than 12 years.

I’m Toby Tobin, publisher of the real estate news website GoToby.com, and a Florida-licensed Realtor with Grand Living Realty. Co-host Annamaria Long is at a court hearing this week.

Thanks to Our Sponsors:

Flagler County Home Builders Association

Hammock Community Church

Guest: Diane Vidal, attorney at Chiumento Law

Florida’s Titling Options – which is best for you?

In Florida, real estate titling options dictate far more than simple ownership percentages. The way a title is recorded directly impacts creditor protection, probate exposure, tax liabilities, estate transfers, and control over future conveyances.

I used AI to develop my notes but asked Diane to come in today to impart Real Intelligence

1. Primary Titling Options in Florida
2. Sole Ownership (Sole Title)

• Description: The property is held entirely by one individual or single legal entity in their individual capacity.
• Creation: A deed executed to a single individual (e.g., “Jane Doe, a single woman”).

1. Tenancy in Common (TIC)

• Description: The default concurrent ownership model for two or more unmarried co-owners in Florida. Each owner holds a separate, fractional, undivided interest that does not have to be equal (e.g., 60/40 split).
• Creation: A deed naming multiple unmarried owners without explicitly designating rights of survivorship.

1. Joint Tenancy with Right of Survivorship (JTWROS)

• Description: Co-ownership where each joint owner holds an equal interest, and upon the death of one owner, their interest automatically passes to the surviving owner(s) outside of probate.
• Creation: Requires explicit survivorship language in the deed (e.g., “to A and B as joint tenants with right of survivorship and not as tenants in common”) and must satisfy the four unities (time, title, interest, and possession).

1. Tenancy by the Entirety (TBE)

• Description: A form of joint ownership reserved strictly for legally married couples. Florida law treats the married unit as a single, indivisible entity holding 100% of the estate.
• Creation: Automatically presumed under Florida law when a deed conveys real estate to a married couple, provided the four unities exist along with the unity of marriage.

1. Enhanced Life Estate Deed (“Lady Bird Deed”)

• Description: A specialized deed under Florida common law where the property owner retains full control (the right to sell, mortgage, lease, or revoke) during their lifetime, while naming a “remainder beneficiary” who automatically receives title upon the owner’s death.
• Creation: A deed conveying property to oneself for life with full power to convey, remitting the remainder to a named beneficiary.

1. Legal Entities (Revocable/Irrevocable Trusts & LLCs)

• Description:
  • Trusts: Title is held by a trustee for the benefit of named trust beneficiaries.
  • Limited Liability Companies (LLCs): Title is held by a business entity managed by members or managers.

2. Matrix of Future Ramifications

Which qualify for homesteading?

Wrap-up:

Video podcasts of Real Estate Matters are available on GoToby.com. Click on Podcasts on the top navigation bar. Show notes are included so you can see what we didn’t get to on the show. Also, the Flagler County Interactive map of residential developments and subdivisions on GoToby.com is updated regularly. Currently viewed over 12,000 times.

If you are thinking about buying or selling property in Flagler County, call me first. Based on your goals, I’ll connect you with an appropriately qualified Realtor or builder and serve as your consultant throughout the transaction, at no additional cost to you. Call me at 386-931-7124 or email me at Toby@GoToby.com.