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What does owning a house as "husband and wife" mean?

QUESTION:

I understand that there are several ways to hold title to property. My husband, Roscoe, and I own our home as "husband and wife." We probably won't live forever. If he dies first, what do I have to do?

ANSWER:

When title is held as "husband and wife," the requirements for clearing title out of a deceased spouse's name are simple.

There are two things that need to be done. The first involves providing public notice of the death and of certain facts establishing the survivor's right to the deceased spouse's interest.

This may be accomplished by recording in the county records a certified copy of the death certificate and an affidavit signed by the surviving spouse before a notary public. The affidavit will be under oath and provide a legal description of the real estate which you acquired as "husband and wife." It also will state you were continuously married to each other from a time prior to your ownership until the date of Roscoe's death.

The death certificate can be recorded separately or it can be attached and referred to as an exhibit to the affidavit.

The second requirement for clearing title in this situation is to obtain and record a notice of estate tax clearance from the Florida Department of Revenue.

This is done by properly completing Florida Department of Revenue Preliminary Notice and Report Form DR301 and submitting this to the Florida Department of Revenue together with the applicable fee, which at this time is $5.00.

If the size of the decedent's estate is less than $600,000.00, the State of Florida will issue a Nontaxable Certificate and Receipt for Estate Tax. Upon receipt, the original should be recorded in all counties where the decedent owned property. If the estate is larger, then there may be a tax due before a release will be issued.

This information is not intended as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.

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