Can Someone Remove You from a Property Deed Without Your Permission in Florida?

If you co-own a home or land in Florida and you’re worried about whether the other person can secretly create a new deed that takes you off the title without your knowledge or consent, you’re not alone. This is one of the most common estate questions Florida property owners ask.

Short answer: It depends entirely on how you and the other person hold title on the deed. In many cases — especially if the deed is silent or says “tenants in common” — the other owner can transfer their share without your permission, but they cannot remove you from the deed or take your share without your signature.

Here’s exactly how it works in Florida.

The 3 Main Ways Co-Owners Hold Title in Florida

1. Tenancy by the Entireties (Married Couples Only)

• This is the strongest protection for spouses.

• The deed must specifically say you are husband and wife (or reference marriage).

• Both spouses are treated as owning 100% of the property together.

• Neither spouse can sell, mortgage, or create a new deed without the other spouse signing.

• One spouse literally cannot remove the other from title without their permission — ever.

2. Joint Tenants with Right of Survivorship (JTWROS)

• Can be used by any co-owners (not just married couples).

• The deed must explicitly say “joint tenants with right of survivorship” or similar language.

• Each owner is treated as owning 100% (even if there are 2, 3, or 10 people on the deed).

• When one owner dies, their share automatically passes to the surviving owners.

• No owner can transfer or create a new deed without every single other owner signing.

3. Tenants in Common (The Default — and the Dangerous One)

• This is the default in Florida if the deed does not say “joint tenants with right of survivorship” or does not clearly show you’re married.

• Each co-owner has a separate, divisible share (usually 50/50 if two people, but it can be any percentage).

• Each owner can sell, gift, or deed away their own share to anyone — without the other owner’s permission or even knowledge.

• Example: Bob and Susan buy a house together. The deed just lists “Bob Smith and Susan Jones” with no other language → they are tenants in common.

  • Bob can quietly go online, fill out a quitclaim deed, transfer his 50% to his girlfriend, and record it at the courthouse.

  • Susan still owns her 50%, but now she suddenly co-owns the house with Bob’s girlfriend.

• The new owner steps into Bob’s shoes — they do not get Susan’s share and they cannot kick Susan off the deed.
  

Key Warning Most People Miss

If your deed is completely silent about the type of ownership (it just lists the names), Florida law automatically treats you as tenants in common — even if you intended something else.

That means the other person can transfer their percentage without telling you, and you may not find out until it’s too late.

How to Protect Yourself

1. Always use a Florida estate attorney when creating or accepting a deed.

2. Make sure the deed explicitly says:

   • “husband and wife” or “tenancy by the entireties” (for married couples), or

   • “as joint tenants with right of survivorship” (for non-married co-owners).

3. Never accept a deed that just lists names with nothing else.

   
   

Frequently Asked Questions

Q: Can someone forge my signature and take me off the deed?

No. Forgery is a serious crime, and title companies and county clerks look for red flags.

Q: Can the other owner create a brand-new deed that removes me completely?

Only if you sign it (or in extremely rare cases involving court orders). For tenants in common, they can only deed away their own share.

Q: What should I do if I think the other owner transferred their share without telling me?

Pull a copy of the recorded deed from your county’s official records website immediately and consult an estate attorney.

Bottom Line

In Florida, whether someone can make a new deed without you depends 100% on the exact wording on your current deed:

• Married + correct language → almost impossible without your signature.

• Joint tenants with right of survivorship → impossible without everyone signing.

• Tenants in common (or silent deed) → they can transfer their share anytime, secretly.

Always have a Florida estate lawyer review or prepare your deed — it’s the only way to be certain you’re protected.

If you’re in Florida and have questions about your deed, joint ownership, tenancy by the entireties, or tenants in common, feel free to reach out to an experienced attorney to review your specific situation.