In response to this, the Debtor had correctly maintained that under Florida law the creation of a tenancy by the entireties in real estate is presumed where the deed names spouses, as husband and wife, as grantees, and no express language as to the nature of the estate is required. In re Estate of Silvian, 347 So.2d 632, 633-34 (Fla.Ct.App. 1977). However, to rebut this presumption, "fraud may be proven."

Absent the expression of any contrary intent, the deed to a man and woman described as husband and wife is sufficient to create an tenancy by the entirety. In re Estate of Silvian, 347 So.2d 632 (4th DCA Fla. 1977). Further, as in Virginia, property held under Florida law as tenants by the entireties is exempt from process by individual creditors.