Moving To Florida With Community Property

I’ve seen recently several clients who are interested in moving to Florida from community property states including California and Arizona. I recently published a post about the status of a non-debtor spouse’s LLC interest that the couple acquired in Texas before moving to Florida. Other clients have asked about other types of community property assets…


Is a Green Card Required For Florida Domicile and Exemptions?

Debtors can claim Florida’s asset exemptions only if they are domiciled in Florida. People sometimes confuse the term “domicile” with the term “residence.” A person is a resident of any place where he resides and keeps property. A person may be a resident of more than one state; some people have second and third homes…

Florida Residency: Do You Have To Live in Florida Six Months For Asset Protection?

How long do you have to be a Florida resident to qualify for Florida’s asset protection laws? The answer is that Florida’ s asset protection exemptions apply immediately to new Florida residents; there is no minimum residency requirement.  Constitutional exemptions, including homestead, and statutory exemptions such as annuity and wage garnishment protect judgment debtors starting…


Does Move From Florida Forfeit Tenancy By Entireties?

A debtor has long-established bank accounts in Florida titled jointly with his spouse. The accounts are protected from creditors as tenants by entireties property. The debtor and his family then move out of Florida to Texas. Texas is a community property state which does not recognized the concept, or exemption, of tenancy by the entireties….