How to Title Real Estate for Asset Protection

How you take title to Florida real estate is one of the smallest lines on a closing statement and one of the biggest decisions in an asset protection plan. In this episode of Trust This, Attorney Joe Seagle answers a question Aspire Legal Solutions hears from buyers and investors constantly: whose name should actually go on the deed? For married buyers, his default is simple. Unless there is a specific reason to do otherwise, both spouses should be on title, because Florida recognizes a form of ownership most states do not — tenancy by the entirety. Tenancy by the entirety is asset protection written into the deed itself. When a married couple owns Florida property as the entireties, a judgment against only one spouse does not attach to that property. A car accident, a contract dispute, a business claim — if the judgment runs against one spouse alone, the creditor is looking at an asset it cannot reach. Joe also explains a forgiving feature of Florida law that many owners never learn about: even when a deed fails to state the buyers' marital status, entireties protection can still apply if the owners sign an affidavit confirming they were married when they took title and stayed continuously married the whole time they held it. And he covers the alternatives — sole ownership, joint tenancy with rights of survivorship for co-owners who are not married, and tenancy in common, where each owner's share passes to that owner's heirs by will or by statute. For unrelated parties buying together, the firm usually recommends a land trust or an LLC instead, both for easier management and for protection individual ownership never provides. Listen to the full episode before your next closing, then subscribe to Trust This for new editions on Florida asset protection, land trusts, homestead, and estate planning. And whatever you do, talk with a Florida real estate attorney about how title should be held before you sign — not your realtor, not a friend, and if you are buying from out of state, not only the attorney who has handled your matters back home. 📧 Have a question you want answered on our next Ask Joe episode? Leave a comment below! 📬 Subscribe: Don’t miss out on future episodes of our Trust This podcast —subscribe now!   https://www.youtube.com/@TrustThisTV  📕 Unlock the power of land trusts to protect your assets and enhance your privacy with Land Trusts in Florida, 11th Edition by experts Mark Warda and Joe Seagle—get your copy now! https://mylandtrustee.com/book/  👋 Next Trust This Newsletter Alert: Stay tuned for more valuable tips and updates! https://trustthis.beehiiv.com/subscribe Protect what matters most—reach out today to explore our asset protection services, including estate planning, land trust creation, and business structuring. Book a Free Discovery Call today! https://aspirelegal.com/contact/