Skip to content
Alper Law
  • Home
  • Learn MoreExpand
    • Asset ProtectionExpand
      • Asset Protection Guide
      • Annuities
      • Asset Protection Trust
      • Bank Account Protection
      • Car Accidents
      • Divorce
      • Doctors
      • Equity Stripping
      • Exemptions
      • Florida Residency
      • Fraudulent Transfers
      • Homestead Law
      • How Attorneys Help
      • Strategies
      • Tenants By Entireties
      • UTMA Accounts
    • Business PlanningExpand
      • Business Entities
      • LLCs
      • LLC Operating Agreement
      • Real Estate Investors
    • Offshore PlanningExpand
      • Nevis LLC
      • Offshore Bank Accounts
      • Offshore Planning
      • Offshore Trusts
    • Judgment CollectionExpand
      • Judgment Collection
      • Bitcoin and Cryptocurrency
      • Deficiency Judgments
      • Fact Information Sheet
      • Head of Household
      • IRS Tax Debt
      • Not Paying Judgments
      • Statute of Limitations
      • Wage Garnishment
      • Writ of Garnishment
    • Wills and TrustsExpand
      • Avoiding Probate
      • Estate Planning
      • Gun Trusts
      • Inheritance Tax
      • Irrevocable Trusts
      • Last Will and Testament
      • Living Trusts
      • Living Will
      • LGBT Estate Planning
      • Power of Attorney
      • Probate
      • Special Needs Trust
      • Trust Administration
    • BankruptcyExpand
      • Attorney Fees
      • Chapter 7 Bankruptcy
      • Chapter 13 Bankruptcy
      • Dealing With Creditors
      • Involuntary Bankruptcy
      • Moral Issues
      • Orlando Bankruptcy
      • Student Loans
    • Real EstateExpand
      • Lady Bird Deed
      • Land Trusts
      • Quit Claim Deed
      • Warranty Deed
    • AdoptionExpand
      • Adult Adoption
      • Grandparent and Relative Adoption
      • Private Adoption
      • Readoption
      • Same-Sex Couples
      • Stepparent Adoption
  • Blog
  • AttorneysExpand
    • Gideon Alper
    • Jon Alper
Phone 407-444-0404
Contact Us
Book Your Consultation (Phone or Zoom)
Search
Book Your Phone or Zoom Consultation
Florida asset protection, garnishment, estate planning, and adoption law firm — Alper Law
Phone 407-444-0404

Home » Tenants by Entireties » Tenancy By Entireties Protection Where Non-Debtor Spouse Is Not U.S. Citizen

Tenancy By Entireties Protection Where Non-Debtor Spouse Is Not U.S. Citizen

ByJon Alper September 11, 2008May 22, 2020

A reader posed an interesting question about tenants by entireties protection. The reader, a man, is a U.S. citizen married to a non-citizen wife. The reader stated that he currently resided in a foreign country with his new wife. Three years ago he lived in Florida. He intends to return to Florida with his wife and establish their primary residence in Florida. He has substantial debts and some of which have already resulted in Florida judgments. He asked whether he and his non-citizen, non-resident wife can maintain money and securities in protected joint financial accounts opened in Florida.

The general rule is that financial accounts owned jointly by a Florida debtor and his spouse are exempt from creditors as tenants by entireties property. The difference in this case is that the non-debtor spouse is not a U.S. citizen. Tenants by entireties protection is not found in any Florida statute so Florida’s written laws do not answer the question. Tenancy by entireties protection is a creation of appellate court decisions over many years. Tenancy by entireties protects Florida debtors. I am not aware of any court decision establishing residency or citizenship requirements for the non-debtor spouse.

I do not think a non-debtor spouse need be either a U.S. citizen or a Florida resident so long as the marriage is recognized by Florida law. In this case, I think joint accounts would be protected. If, however, the money or property deposited in the joint accounts is now titled in the name of the debtor only, a creditor could argue that transfer of funds to a new Florida joint account is a reversible fraudulent conveyance.

Last updated on May 22, 2020

People also read about…

  • Florida Asset Protection: a Guide to Planning, Exemptions, and Strategies
  • Homestead Exemption Law
  • Tenancy by Entireties Ownership in Florida
  • Florida Debt Collection Laws
  • Florida Exemptions from Creditors
Jon Alper

About the Author

Jon Alper is an expert in asset protection planning for individuals and small businesses.

Book a consultation with Jon.

Get the latest blog posts by email.

Looking for help?

Schedule a phone or Zoom consultation to review your specific situation. We help clients throughout the state of Florida.

Schedule Consultation

© 2023 Alper Law, PLLC
(407) 444-0404

255 Primera Blvd. #160
Lake Mary, FL 32746
  • Disclaimer
  • Privacy Policy
Facebook Twitter Linkedin
Scroll to top
Contact Us
Search
  • Home
  • Learn More
    • Asset Protection
      • Asset Protection Guide
      • Annuities
      • Asset Protection Trust
      • Bank Account Protection
      • Car Accidents
      • Divorce
      • Doctors
      • Equity Stripping
      • Exemptions
      • Florida Residency
      • Fraudulent Transfers
      • Homestead Law
      • How Attorneys Help
      • Strategies
      • Tenants By Entireties
      • UTMA Accounts
    • Business Planning
      • Business Entities
      • LLCs
      • LLC Operating Agreement
      • Real Estate Investors
    • Offshore Planning
      • Nevis LLC
      • Offshore Bank Accounts
      • Offshore Planning
      • Offshore Trusts
    • Judgment Collection
      • Judgment Collection
      • Bitcoin and Cryptocurrency
      • Deficiency Judgments
      • Fact Information Sheet
      • Head of Household
      • IRS Tax Debt
      • Not Paying Judgments
      • Statute of Limitations
      • Wage Garnishment
      • Writ of Garnishment
    • Wills and Trusts
      • Avoiding Probate
      • Estate Planning
      • Gun Trusts
      • Inheritance Tax
      • Irrevocable Trusts
      • Last Will and Testament
      • Living Trusts
      • Living Will
      • LGBT Estate Planning
      • Power of Attorney
      • Probate
      • Special Needs Trust
      • Trust Administration
    • Bankruptcy
      • Attorney Fees
      • Chapter 7 Bankruptcy
      • Chapter 13 Bankruptcy
      • Dealing With Creditors
      • Involuntary Bankruptcy
      • Moral Issues
      • Orlando Bankruptcy
      • Student Loans
    • Real Estate
      • Lady Bird Deed
      • Land Trusts
      • Quit Claim Deed
      • Warranty Deed
    • Adoption
      • Adult Adoption
      • Grandparent and Relative Adoption
      • Private Adoption
      • Readoption
      • Same-Sex Couples
      • Stepparent Adoption
  • Blog
  • Attorneys
    • Gideon Alper
    • Jon Alper