689.15
Estates by survivorship.
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689.15 Estates by survivorship.—The doctrine of the right of survivorship in cases of real estate and personal property held by joint tenants shall not prevail in this state; that is to say, except in cases of estates by entirety, a devise, transfer or conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly provide for the right of survivorship; and in cases of estates by entirety, the tenants, upon dissolution of marriage, shall become tenants in common.
History.—s. 20, Nov. 17, 1829; RS 1819; GS 2294; RGS 3617; CGL 5482; s. 3, ch. 20954, 1941; s. 1, ch. 73-300.
Notes of Decisions
Cited in 208
cases (3 in the last 5 years), 1943–2025 · leading case: Davis v. Dieujuste
Davis v. Dieujuste (1986)
“The husband was ordered to convey by quit-claim deed all his interest in the property; and the wife was ordered to satisfy the lien.”
Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr. (2017)
“Code § 35-4-7 (2014); Fla. Stat. § 689.15 (2016); Ky. Rev. Stat.”
Beal Bank, SSB v. Almand and Associates (2001)
“" § 689.15, Fla. Stat. (2000). [25] First Nat'l Bank v.”
Tronconi v. Tronconi (1985)
“Tronconi argues that, in the absence of any special claims on jointly held property, the court has no choice but either to partition the property upon application of either party, or to do nothing, which, upon dissolution, results in a tenancy in common.”
Cummings v. Cummings (1976)
“It is Petitioner's position, and we agree, that the marital home and furnishings owned by the parties in a tenancy by the entireties shall *136 be held after dissolution of marriage of the parties as tenants in common pursuant to Section 689.15, Florida Statutes. [7]…”
Landay v. Landay (1983)
“§ 689.15, Fla. Stat. (1981). Ipso facto, each spouse already has a 50% interest in the property.”
Sharp v. Hamilton (1988)
“On appeal the Third District reversed, reasoning that upon dissolution, title to the property became vested in the husband and wife as tenants in common pursuant to section 689.15, Florida Statutes (1963), for the "twinkling of a legal eye," thereby subjecting the husband's…”
Sharpe v. Sharpe (1972)
“2d 476 -477, approved and cited Rankin ; observing that a "line of cases arises from F.S. § 689.15, F.S.A., wherein the last sentence provides: `.”
Liberman v. Kelso (1978)
“Referring to a familiar Bible passage, the court reasoned that when the parties were divorced, title to the property became vested in the husband as a tenant in common pursuant to Section 689.15, Florida Statutes (1963) for the "twinkling of an eye" thereby subjecting his…”
Brandt v. Brandt (1988)
“§ 689.15, Fla. Stat. (1985). As co-tenants, each is ultimately liable for his or her proportionate share of the obligations of the property, including taxes, mortgage payments, insurance and maintenance and repair.”
Pastore v. Pastore (1986)
“While the divorce decree did sever the joint tenancy, and vest an undivided one-half interest in the home in each party as tenants in common, section 689.15, Florida Statutes (1985); Ball v.”
Gorman v. Gorman (1981)
“That result is achieved by the property law concepts embodied in section 689.15, Florida Statutes, which provides "in cases of estates by the entirety, the tenants, upon dissolution of marriage, shall become tenants in common" and by chapter 64, Florida Statutes, which provides…”
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