Essay playbook
The Beach House Battle
Work through The Beach House Battle as a public essay playbook with a fresh Florida-focused fact pattern, scored issues, and a model answer.
Fact pattern
Husband and Wife purchased a beachfront home in Miami Beach (0.4 acres) in 2015 as their primary residence. The deed stated they took title as "husband and wife." In 2018, Husband, without Wife's knowledge, signed a deed conveying the property to his Brother. Brother recorded the deed immediately. In 2020, Husband lost a $2 million lawsuit for a business debt (his sole obligation). The creditor seeks to force sale of the beach house. Meanwhile, Neighbor has been using a 20-foot strip of the property as a driveway since 2010. Neighbor has paid property taxes on the strip since 2015. Husband died in 2025, leaving a will that devises "all my real property to my children from my first marriage." Wife survives. The property is now worth $3 million.
Scored issues to spot
"Husband and wife" creates TBE presumption. Neither can unilaterally convey.
Subject: Property | Points: 10
Husband cannot unilaterally convey TBE property. Brother takes nothing despite recording.
Subject: Property | Points: 15
TBE property protected from creditors of only ONE spouse.
Subject: Property | Points: 15
Also protected as homestead—no value cap, under ½ acre.
Subject: Property | Points: 10
FL requires 7 years + taxes. Neighbor has taxes since 2015 (10 years by 2025).
Subject: Property | Points: 15
Cannot devise homestead away from surviving spouse. Wife takes life estate or 50%.
Subject: Property | Points: 15
Model answer
**1. TENANCY BY ENTIRETIES** When married persons take title as "husband and wife," Florida presumes tenancy by entireties (TBE). TBE property cannot be unilaterally conveyed by one spouse.
**2. DEED TO BROTHER - VOID** Husband's deed to Brother is VOID. Neither spouse can unilaterally convey TBE property without the other's consent. Recording does not validate an invalid conveyance. Brother has no interest.
**3. CREDITOR PROTECTION - TBE** The $2M creditor CANNOT reach the property. Florida extends TBE protection to debts of only ONE spouse. Since this was Husband's sole debt, the property is protected.
**4. CREDITOR PROTECTION - HOMESTEAD** Additionally, the property is protected HOMESTEAD. Under FL Constitution Art. X, § 4: - No value cap ($3M protected) - Size: 0.4 acres < ½ acre limit for urban property - Exception creditors (mortgage, taxes) don't apply here
**5. ADVERSE POSSESSION (FL-Specific)** Neighbor may have acquired title to the 20-foot strip: - 7+ years possession: 2010-2025 = 15 years - Payment of taxes: Since 2015 = 10 years - Florida REQUIRES tax payment for adverse possession - Neighbor likely succeeds on the strip
**6. HOMESTEAD DEVISE RESTRICTION** Husband's devise to children from first marriage FAILS as to Wife's interest. Under FL Constitution, homestead cannot be devised away from surviving spouse. Wife receives: - Life estate with remainder to lineal descendants, OR - May elect 50% as tenants in common with children