Some states other than Florida have tenants by entireties protection. The protection is not equal among states.
In some states, tenants by entireties ownership is available for only real property. Other states have entireties ownership for personal property as well as real property. Even in states that protect both real and personal property owned as tenants by entireties the creditor protection is not a great as Florida’s entireties exemption.
In Florida personal property owned by a married couple is presumed to be owned by the entireties. The creditor must rebut the presumption. In North Carolina there is no presumption of entireties ownership of personal property. Personal property is not owned by the entireties unless entireties ownership is included in the ownership title. Therefore, under North Carolina law, if applicable, this note would probably not be entireties property whereas in Florida the same note would be presumed to be entireties and protected against the husband’s creditors.
About the Author
Jon Alper is an expert in asset protection planning for individuals and small businesses.
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