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Florida: Only One Spouse on the Deed But Both on the Mortgage – What Happens When Someone Dies? (2025 Guide)

Card of a will after death

Only One Spouse on the Deed But Both on the Mortgage in Florida – Here’s What Actually Happens

I get this question every single week: “We bought the house before we got married. Both of us are on the mortgage, but only one name is on the deed. If something happens to my spouse, do I automatically get the house?”

The short answer: No — you do NOT automatically get the house. In Florida, ownership is decided 100% by the deed. The mortgage means nothing when it comes to who legally owns the property.

I cannot stress this enough: If your name is not on the deed, you are not the owner — even if you’re married, even if you got married later, and even if you’ve been paying the mortgage for 20 years.


What Happens When the Person on the Deed Dies?

  • The house does not automatically go to the surviving spouse.

  • It has to go through probate court.

  • If there is no will or trust that specifically leaves the house to the spouse, Florida law decides who gets it.

  • If there are children (from this marriage or a previous one), the surviving spouse could end up with only 50% or even less.

I’ve seen surviving spouses living in the home for decades suddenly face probate battles and huge legal bills because the deed was never got updated.


Problems This Causes While You’re Both Still Alive

  • You cannot sell the house without the deed owner’s signature.

  • You cannot refinance without the deed owner.

  • Contractors and permit offices will not accept your signature if your name isn’t on the deed.

It doesn’t matter if you were married when you bought it or got married later — if only one name is on the deed, only one person owns it.


The Fix: Get Both Spouses on the Deed as a Married Couple (Tenants by the Entirety)

In Florida, when a deed says “John Doe and Jane Doe, husband and wife” (or uses similar married-couple language), the property is owned as tenants by the entirety.

That means: ✓ The house automatically passes 100% to the surviving spouse ✓ No probate ✓ No court ✓ No fights with stepchildren or other heirs

The fastest and cheapest way to do this is with a quitclaim deed. It usually costs a few hundred dollars and can be recorded in days.


Most Common Florida Deed Scenarios (2025)

Situation

On Deed

On Mortgage

Result When Deed Owner Dies

Bought before marriage, never added spouse

Only one person

Both

Surviving spouse gets nothing automatically — probate required

Bought as married couple but only one name

Only Husband or Wife

Both

Same problem — no tenants by the entirety

Fixed with quitclaim deed

Husband and Wife

Doesn’t matter

100% to survivor — no probate


Have questions about your specific Florida Deed? Contact us, we are Florida Estate Planning attorneys.




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