Tenants by the entirety.

• Author: Gassman, Alan S.
• Position: Letters - Letter to the editor

A Florida Bar Journal article, "Are Florida Laws on Tenancy by the Entireties in Personalty as Clear as We Think?," (September 2011) raised concern that Florida law is unclear on the question of whether a married couple can own personalty as tenants by the entirety (TBE) unless authorized under the Florida statutes. The author also questioned the clarity of Florida law regarding the creation of an entireties estate in personalty after the 2001 Florida Supreme Court decision in Beal Bank, SSB v. Almand & Assoc. Inc.

Extensively research and review of several Florida Supreme Court cases, DCA opinions, and bankruptcy court decisions has lead us to conclude that the law with respect to these issues is much more settled than the article seems to imply. Practitioners will want to review the three Florida Supreme Court cases that were not referenced in the article, and other citations mentioned in this letter.

Florida law clearly permits a married couple to own all forms of personal property as TBE. Quoting solid prior precedent, the Florida Supreme Court stated in the 1925 case of Bailey v. Smith that "Under the law in force in this State there may be a tenancy by entireties in both real and personal property; and whether such an estate exists as the result of the acquisition of property by and in the names of both husband and wife, must be determined by a consideration of the nature and terms of the transaction as portraying the intent of the parties and of the rules of law applicable thereto." 89 Fla. 303, 307 (Fla. 1925). Beal Bank, SSB only modified Bailey by applying a presumption that jointly owned bank accounts are held as TBE unless there is evidence showing a contrary intent. Florida courts have consistently applied this presumption to all forms of personal property.

Furthermore, the case law confirms that one spouse is a separate entity from a TBE, and can, therefore...