How to Take Title When Buying a Davie, FL Home 2026
How should you take title when buying a home in Davie, FL?
In Davie you take title one of five common ways: sole ownership, tenants in common, joint tenancy with right of survivorship, tenancy by the entireties, or a revocable living trust. Married buyers usually choose tenancy by the entireties because it shields the home from a creditor of one spouse and passes to the survivor without probate. Holding a primary home in an LLC forfeits the Florida homestead exemption.
The way your name goes on the Davie deed decides who your home is protected from, what taxes you keep, and whether it avoids probate. This is a decision you make at or before closing, and the title company will prepare the deed the way you instruct. Learning how to take title in Davie before you sit at the closing table saves you from the most expensive fix in real estate, which is a corrective deed after the fact.
Davie buyers face this question more than most. The market here runs to $1 million estates, acreage and equestrian parcels in 33314, 33330, and 33331, and relocation buyers moving in from out of state. Higher value and more complex ownership goals mean the titling choice carries real dollars. Nothing below is legal advice. Vesting and estate planning are legal questions, so confirm your choice with a Florida real estate attorney and a CPA before closing.
The five ways to hold title in Florida
Florida gives you five common ways to take title on a residential purchase, and each one answers a different question about control, survivorship, and protection. Here is what each one does.
Sole ownership. One person owns the whole property. Simple and clean. On your death the home passes through your estate, which usually means probate unless you pair it with a trust or a beneficiary deed.
Tenants in common. Two or more owners hold separate, transferable shares that do not have to be equal. There is no automatic survivorship. When one owner dies, that share passes through the deceased owner’s estate, not to the other owners. This is the common choice for unmarried co buyers, siblings, or investors buying together.
Joint tenancy with right of survivorship. Co owners hold equal shares, and when one dies the survivors automatically own the whole with no probate. Florida does not presume survivorship, so the deed has to state it expressly.
Tenancy by the entireties. This is a form reserved for married couples, and in Florida it is the strong one. Under Florida Statutes 689.11, a single deed into both spouses’ names creates it, and Florida courts presume it for property conveyed to a married couple unless the deed says otherwise. It carries automatic survivorship and a creditor shield covered in the next section.
Revocable living trust. You hold title in the name of your trust while you keep beneficial ownership and live in the home. The home still qualifies for the Florida homestead exemption because you remain the beneficial owner and permanent resident. At death the trust passes the home to your named beneficiaries without probate. This is the choice when you want probate avoidance plus a plan for incapacity or blended family situations.
The title company preparing your closing will default to tenancy by the entireties for a married couple unless you instruct otherwise. That default is usually right, but usually is not always, which is why the choice is worth a conversation before the deed is drafted. When you review your closing costs in Davie, the documentary stamp tax on the deed is a separate line, and a later deed transfer into an entity is its own recordable and sometimes taxable event that you file with Broward County Records, Taxes and Treasury.
Why tenancy by the entireties protects married couples
Tenancy by the entireties shields the home from a creditor of only one spouse. A judgment against one spouse alone cannot lien the home, force its sale, or seize it, because neither spouse owns a divisible share. Only a joint judgment naming both spouses can reach the property. That protection is why most married Davie buyers use it. It also carries automatic survivorship, so if one spouse dies the survivor owns the whole home immediately with no probate. It converts to tenancy in common on divorce. The one common mistake that breaks the shield is both spouses co signing or jointly guaranteeing the same debt, because that creates the joint creditor the exception was written for.
Why an LLC costs you the homestead exemption
Holding your primary Davie home in an LLC forfeits the Florida homestead exemption and the Save Our Homes assessment cap. An LLC is not a natural person who resides in the home, so it cannot claim homestead. You would trade the constitutional creditor protection of homestead and the property tax savings for the limited protection of a corporate wrapper. For a homesteaded residence that is almost always a bad trade. The homestead exemption and the Save Our Homes 3 percent cap are real annual dollars, and you file for them with the Broward County Property Appraiser by the March 1 deadline. You can confirm the filing rules directly on the Broward County Property Appraiser homestead page.
LLCs make sense for rental and investment property, not for the home you live in. There is a financing trap too. The federal Garn St Germain law protects a transfer of your residence into your own revocable living trust, and the lender cannot call the loan. It does not protect a transfer into an LLC. Moving a mortgaged home into an LLC, even a single member LLC, can trip the due on sale clause, and a standard residential mortgage is generally not written in an LLC’s name. Investors who want the LLC refinance into it with a commercial or DSCR loan instead.
If your goal is probate avoidance while keeping the home in your name and keeping every tax benefit, a Lady Bird deed is worth asking your attorney about. This is a Florida enhanced life estate deed. It transfers the home to your named beneficiary at death with no probate, you keep full control to sell or mortgage during your life, and it preserves the homestead exemption and the Save Our Homes cap. It runs a few hundred dollars against roughly $1,000 to $3,500 for a full revocable trust, and Florida does not subject Lady Bird deed property to Medicaid estate recovery. Its weakness shows up with blended families, minor beneficiaries, property in multiple states, or incapacity, which is where a trust does the heavier work.
How to take title on a Davie home before you close
Deciding how to take title is a short process you run before the deed is drafted, not a form you sign blind at closing. Walk these steps.
1. Confirm your marital status and co ownership goal. Married buyers start with tenancy by the entireties as the default. Unmarried co buyers weigh tenants in common against joint tenancy with right of survivorship depending on whether they want survivorship.
2. Decide whether probate avoidance matters to you. If it does, compare a revocable living trust against a Lady Bird deed with your attorney. Both avoid probate and both keep the homestead exemption.
3. Rule out the LLC for a primary residence. Reserve the LLC for investment property, and confirm the loan and tax consequences with your CPA first.
4. Verify the homestead impact of your choice. Any vesting that keeps you as the beneficial owner and permanent resident keeps the exemption. An LLC does not.
5. Instruct the title company in writing before the deed is prepared. The deed language, including any survivorship or entireties recital, has to be exact. A corrective deed after closing costs time and recording fees.
6. Have a Florida real estate attorney and a CPA confirm the choice. This is the step that turns a good default into the right decision for your specific situation.
Anthony Spitaleri, Broker Associate with Coldwell Banker and a Davie native, maps this decision for every buyer before the deed is drafted, and connects you with the attorney and CPA who finalize it. The titling choice sits inside the larger process of buying a home in Davie, alongside the inspection period, the appraisal, and the closing itself. When you understand it before closing, you walk into the title company already knowing how your name goes on the deed. The Davie title company at your closing prepares the deed, and your Davie property tax picture depends on getting the vesting right the first time.
Frequently Asked Questions
Should I buy my Davie home in an LLC or a trust?
For a primary residence, a revocable living trust, because it keeps the homestead exemption and the Save Our Homes cap while a home in an LLC loses both. An LLC fits investment and rental property, not the home you live in. Confirm the choice with a Florida real estate attorney and a CPA before closing.
How do married couples usually take title in Davie, Florida?
Most married buyers take title as tenants by the entireties. Under Florida Statutes 689.11 a single deed into both spouses’ names creates it, and it shields the home from a creditor of one spouse while passing to the survivor without probate. The title company prepares this by default for a married couple unless you instruct otherwise.
Does putting my home in a trust cost me the homestead exemption?
No. A Florida home held in a properly drafted revocable living trust still qualifies for the homestead exemption and the Save Our Homes cap because you remain the beneficial owner and permanent resident. This is the key difference from an LLC, which does forfeit the exemption. File your homestead with the Broward County Property Appraiser by March 1.
What is a Lady Bird deed and does it work in Davie?
A Lady Bird deed is a Florida enhanced life estate deed that passes your home to a named beneficiary at death with no probate while you keep full control during your life. It preserves the homestead exemption and the Save Our Homes cap and costs far less than a full trust. It is weaker for blended families, minor beneficiaries, or out of state property, so ask a Florida attorney whether it fits your situation.
Talk to a Davie Real Estate Expert
Anthony Spitaleri, Broker Associate with Coldwell Banker and a Davie native, maps the exact titling scenario for every buyer before the deed is drafted, not after a corrective deed is needed. He connects you with the Florida attorney and CPA who finalize the vesting, so your homestead exemption, your creditor protection, and your probate plan all line up on the day you close. If you want to walk into your Davie closing knowing exactly how your name goes on the deed, Schedule a free 15-minute strategy call and start your purchase with every number and every protection known.
Anthony Spitaleri
Living in Davie Florida
954-235-5783
Davie, Florida
livingindavieflorida.com
About Anthony Spitaleri
Anthony Spitaleri is a Broker Associate with Coldwell Banker, one of the most established residential real estate brands, with approximately 2,700 offices globally, founded in 1906. A Davie native who returned home in 2025 after 13 years in Miami Beach, Anthony specializes in luxury homes and estates above $1 million, acreage and equestrian properties with no HOA, and relocation buyers moving to Davie from out of state. He created livingindavieflorida.com, the most in-depth independent Davie real estate resource available, with in-depth coverage of Davie’s gated communities, acreage and equestrian properties, and luxury estates, plus original weekly market data, interactive tools, Town Council recaps, and a 24/7 AI concierge. Anthony has been licensed in real estate since 2013 (BK3281907), is a Certified Strategic Coach through Coaching Services International (CSI), an active member of the Davie Cooper City Chamber of Commerce, and a weekly volunteer at Bit by Bit Therapeutic Riding Center in Davie.
