Tenants by Entireties

Tenancy by entireties property has be acquired property while both spouses are married. That does not mean that property first purchased by a single person cannot become entireties property after the person is married.

Tenants By Entireties Definition Confused With Fraudulent Transfer IssueRead More

When a court finds that a client has improperly taken money from consumers or investors in violation of federal or state laws the court may order restitution to the “victims” . Restitution orders require the debtor to pay money to the government agency on behalf of the victims. Ordinary asset protection may not protect against …

Tenants by Entireties Exemption From Federal Criminal RestitutionRead More

One of clients borrowed money from a private lender at high interest rates and very strict repayment terms. The loan documents included a provision stating that in the event of a loan default and a money judgment for repayment that the borrower waived all applicable exemptions from levy under Florida law. Most of the borrower’s …

Exemption Waiver Not Applicable To Tenants By Entireties ProtectionRead More

One of my clients asked me to review his applications and titling of his financial accounts to make sure he properly registered his accounts as tenants by entireties. In Florida, a joint marital account with rights of survivorship is presumed to be held as tenants by entireties unless the debtor has shown his intent to …

Selection of Joint Tenancy Does Not Overcome Presumption of Entireties OwnershipRead More

One of my married clients this week had recently moved to Florida to seek protection from a large lawsuit. The client owned property jointly with his wife in several states including his previous domicile of Pennsylvania, a vacation home in North Carolina, and newly acquired joint property in Florida. The issue presented is whether these …

Which States Recognize Tenants by Protection?Read More

Tenants by entireties assets are protected against a judgment against either spouse, but entireties assets are not exempt from a creditor holding a joint judgment against both spouses. Sometimes, there is an issue about what constitutes a “joint judgment.” This past week I dealt with the issue of whether a single party that holds separate …

What Constitutes A Joint Judgment For Tenants by Entireties Exemption?Read More

When one spouse is subject to a judgment their jointly owned property is exempt as tenants by entireties. If the couple gets a divorce, can the creditors of the debtor spouse levy upon property formerly owned jointly by the married couple because the divorce destroys the unities of entireties?

Court Dissolution Order’s Effect On Entireties PropertyRead More

Does a Florida debtor’s ability to exempt corporate stock owned as tenants by entireties depend on the physical location of the stock certificate? This interesting issue came up before a bankruptcy court judge as I was waiting for my own bankruptcy case to be called up for hearing.

Tenants by Entireties Exemption of Corporate Stock Held in Another StateRead More

A client moved to Florida from New York state where he had previously maintained a bank account at New York branch of a national bank and a financial account at a national securities firm. He owned both accounts jointly with his wife. The client feared a lawsuit in New York. He wanted to know if …

Moving Financial Accounts To Florida For Entireties ProtectionRead More

An interesting tenants by entireties problem came up last week when advising a gentleman who lived in Colorado, but owned a Florida real property together with his elderly mother and father. The parents had purchased the property and added their son on the title to avoid probate in the event of the parents’ deaths.

Can Parents Jointly Own Property With Child By Entireties?Read More