Florida Broker Practice Exam

Which of the following is a characteristic of tenancy by the entireties?

1. A husband and wife take title together

2. Joint tenants can be unrelated individuals

3. Only one spouse has the right of survivorship

4. Ownership can be divided among family members

The correct answer is: A husband and wife take title together

Tenancy by the entireties is a unique form of ownership that is specifically designed for married couples. One of the primary characteristics of this type of tenancy is that both spouses must take title to the property together, meaning they hold the property as a single entity rather than as individuals. This marital ownership provides both spouses with equal rights to the enjoyment and use of the property. Furthermore, in the event of the death of one spouse, the surviving spouse automatically becomes the sole owner of the property, which is a further aspect of the rights that come with tenancy by the entireties. In contrast, if joint tenants were to include unrelated individuals, it would not qualify under this characteristic of tenancy by the entireties, as this form of ownership requires marriage. Additionally, one of the key features of tenancy by the entireties is that both spouses have an equal right to survivorship; therefore, it is incorrect to state that only one spouse has that right. Ownership being divided among family members does not apply in this context, since tenancy by the entireties strictly pertains to the ownership by the married couple, with no division of shares among family members. Overall, the correct characteristic emphasizes the requirement of joint title among a husband and wife, reflecting the unity of ownership