In short: In Ebanks v. Ebanks, an ex-husband died before jointly titled Cayman Islands properties were sold under the divorce settlement. The Second DCA reversed an order forcing a sale or buyout, holding the settlement never required a sale or retitling, so survivorship controlled and the properties passed entirely to the ex-wife.
The Facts
A Florida couple divorced in 2008. During the marriage they held three Cayman Islands properties as joint proprietors under Cayman law, where a deceased joint proprietor’s interest passes to the survivor unless the joint ownership is formally severed by a filed instrument. The Cayman Islands has no tenancy by the entireties, so Florida’s rule turning entireties property into a tenancy in common at divorce did not apply.
The marital settlement agreement and final judgment set a listing price for one property, let either spouse buy out the other, and split proceeds upon sale. They said the parties would try to sell within a reasonable time, but set no deadline, did not require a change in title, and said nothing about what would happen if one spouse died first. The husband’s will, signed when he filed for divorce, said jointly held survivorship property should go to the survivor and told his personal representative not to claim it.
The ex-husband died in 2012 with the properties unsold. The ex-wife recorded the Cayman form vesting full title in her. The estate’s personal representative moved to enforce the divorce judgment, and the trial court ordered her to either sell the properties or buy out the estate’s share.
The Decision
The Second District reversed on January 29, 2016. The divorce judgment did not require an immediate sale, a sale within a fixed time, or a change in how title was held, and it was silent on death. By ordering a sale or buyout anyway, the trial court effectively rewrote the parties’ agreement based on its own view of what the ex-husband would have wanted.
The court also pointed to the ex-husband’s will, which clearly said jointly held survivorship property should pass to the surviving owner. Under both Cayman and Florida law, the properties became the ex-wife’s sole property when he died. The trial court was directed to deny the estate’s motion and vacate its order barring her from selling or encumbering the properties.
The Law
In Florida, section 689.15 abolishes survivorship for ordinary joint tenancies unless the deed expressly provides for it, and converts tenancy-by-the-entireties property to a tenancy in common upon divorce. That automatic conversion applies only to entireties property. A true joint tenancy with right of survivorship, or a foreign form of joint ownership like the Cayman joint proprietorship here, is not severed by divorce alone.
A marital settlement agreement is a contract, and courts enforce it as written. If the agreement does not require a sale by a date, a retitling, or a severance, and does not address death, a court will not add those terms after one spouse dies. Separately, section 732.703 now voids certain death-benefit designations in favor of a former spouse, but it does not govern real property held with survivorship.
Current law (2026): Section 689.15 (2026) is unchanged in substance: survivorship requires express language, and entireties property becomes a tenancy in common on dissolution. Section 732.703 (former-spouse designations void) addresses specified death-benefit assets, not survivorship real property.
Lessons
- A divorce does not automatically end a right of survivorship unless the property was held as tenants by the entireties under Florida law.
- If jointly titled property is to be sold after divorce, the settlement should set a deadline and say what happens if a party dies first, or require the title to be changed.
- For foreign real estate, check how that country treats joint ownership and what filing is needed to sever it.
- Update your will and titles after divorce. Here, the decedent’s own will pointed the property to his ex-wife.
Source: Ebanks v. Ebanks, No. 2D14-2872 — Fla. 3d DCA (January 29, 2016).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Divorce & Cayman Islands Property: Survivorship vs. Mediation Agreement | Ebanks v. Ebanks, 2D14-2872
Go Deeper
- How to Avoid Probate in Florida: Payable-on-Death, Joint Titling, Lady Bird Deeds, and the POD Trap
- Prenups, Divorce, and Inheritance in Florida: What a Spouse Can Waive and What Divorce Revokes
Frequently Asked Questions
Does divorce end a right of survivorship in Florida?
It depends on how title is held. Under section 689.15, tenancy by the entireties becomes a tenancy in common at divorce. A joint tenancy with right of survivorship is not automatically severed by divorce. In Ebanks, foreign joint-proprietor property passed to the ex-wife when her ex-husband died.
Can a marital settlement agreement override survivorship?
It can if it actually does so, for example by requiring a sale by a set date, a change in title, or a severance. In Ebanks, the agreement contemplated a sale but set no deadline and said nothing about death, so the court refused to add those terms after the husband died.
Can a Florida court order a transfer of foreign real estate?
A Florida court generally cannot directly transfer title to land in another country, but it can order parties before it to act. In Ebanks, the trial court declined to order a title transfer and instead ordered a sale or buyout, which the appellate court reversed on other grounds.
What should I do with jointly owned property after a divorce?
Make sure the settlement spells out a sale deadline, buyout terms, and what happens if either party dies before closing, or retitle the property. Then update your will, beneficiary designations and deeds. Ebanks shows the cost of leaving those questions open.
Talk to a Florida homestead and probate lawyer
Weidner Law, P.A. handles Florida homestead, probate and real estate disputes from St. Petersburg. If you need a probate real estate lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
