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Old 01-26-2015, 04:27 AM
 
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in NJ, wen a house is in husband & wife name, wen 1 dies that half of house automatically passes to the survivor. is it this way in FL?
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Old 01-26-2015, 07:01 AM
 
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Florida is not a community property state. Best to contact a lawyer for true advice on this type of thing though. Would think if house is in both of your names it would more than likely go to surviving spouse anyway.
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Old 01-26-2015, 08:42 AM
 
Location: Jupiter, Florida
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Depends on how it is titled and whether it is homesteaded. Strange things can happen even when you think you have it covered. In some circumstances, it could go into a life estate with the children of the first marriage, if there is one, in control of the property but unable to remove the surviving spouse. Can get ugly. Best to see and attorney when titling the property and every time there are life changes like marriages, divorces, etc.

For automatically passing to the survivor it needs to be titled as Tenancy by the Entirety. See this website for explanation: Types of property ownership in Florida

The homestead issue is another thing to watch out for.
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