Continuous Marriage Affidavit Importance

Summary

In Florida, a continuous marriage affidavit is used to confirm uninterrupted marriage, aiding in the sale of marital property after a spouses death. If the property deed lacks tenants by the entirety or rights of survivorship, it defaults to tenants in common, meaning each spouse owns a separate share. Upon one spouses death, their share typically passes to their heirs, necessitating probate. This process ensures the deceaseds ownership interest is legally transferred, especially when adult children from previous marriages are involved. Understanding these nuances is crucial for a smooth property sale.

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Why would someone need to file a 'continuous marriage' affidavit with the clerk of court before selling marital real estate property in florida that both husband & wife owned as tenants in common after the wife has passed away?
Hey Cynthia! In Florida, filing a 'continuous marriage' affidavit helps establish that the couple was married continuously until one spouse's passing. This helps clear any doubts regarding ownership and ensures the property title is clear for sale. It simplifies the transfer process by confirming the surviving spouse's rights.
But what about the adult children they both have from previous marriages? Because she died interstate, & the deed does not specify 'tenants in entirety', nor does it reference any rights of survivorship, therefor, in the absence of, shouldn't it then be considered as 'tenants in common' according to florida law? In which case, if I am correct, wouldn't her *% ownership interest in the property then be vested to HER children upon her passing, thereby triggering the requirement for probate to be opened prior to the sale in order for it to be legally binding? The decedent & her husband had purchased the real estate property in question together, in *, which was two years after they were married.
Hey Cynthia! In Florida, if a property deed does not specify "tenants by the entirety" or "rights of survivorship," it is generally considered "tenants in common." This means each spouse owns a separate share, and upon one spouse's death, their share typically goes to their heirs, potentially requiring probate. You seem to have a good understanding of the situation. Do you need more details on the probate process or how to proceed?