Divorce may be a stage in life, and some people go through it more than once.  Just when they know all there is to know and dislike about their spouse, they get married again.  In Family Law, that is not referred to as “repeat offender” (though maybe it should be in some cases).  But no matter how many times you and your spouse split, ‘Separated’ is not the same as ‘Divorced,’ especially when it comes to real estate ownership in Florida.

You may be “ABD” (All But Divorced), but while you are still married, you still have a financial interest in your almost-ex’s real estate.  Happily or unhappily, you and your spouse have a Tenancy by Entirety.

Tenancy by Entirety includes the unities of Joint Tenancy with Rights of Survivorship plus the Unity of Marriage, which subscribes to the legal fiction that husband and wife are one entity.  As long as the marriage is intact, neither can break the tenancy nor otherwise convey the property.  However, upon the dissolution of the marriage, the property is automatically held as Tenancy in Common.

Things can get messy in divorce…and things can get messy if the divorce is not completed.  Do the math and finish the long division before you move on to the next problem…or marriage.