Legal Question in Elder Law in Florida

Your father and his wife appear to own the home as tenants by the entirety. That is a form of ownership that provides for the surviving spouse to become the sole owner of the home at the first spouse's death. However, Florida Statutes specifically provide that upon the dissolution of the marriage between the parties that the ownership as husband and wife (tenants by the entirety) ceases with the entry of the final judgment of dissolution of the marriage, and the husband and wife become "tenants in common." As tenants in common, they will each own one half of the property.

The divorce judge has the authority through the "equitable distribution" of the marital assets to provide that one or the other of the spouses should have the exclusive ownership of the marital home. In that instance, there typically is a distribution of the marital assets that should result in both husband and wife receiving approximately the same value of assets. Ultimately, the decision of how the home will be distrbuted, if your father and his wife cannot agree, will be determined by the divorce judge.

Mr. Coleman is correct. A quit claim deed can also resolve the situation. If the equitable interest in the property has been resolved, then one spouse will quit claim the property to the other spouse, thereby releasing their claim to the deed.