Tenants by entireties property in Florida is exempt from individual debts of either spouse. It makes no difference if the debtor is a Florida resident or an out-of-state resident with property located in Florida.
From time to time I advise Florida clients who own real property or other assets in other states, and they want to know if the out-of-state property is protected as entireties property.
As far as I can tell the following states exempt tenants by entireties assets: Delaware, Hawaii, Indiana, Maryland, Michigan, Mississippi, Missouri, North Carolina, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, Wyoming, and D.C.
Florida law presumes that all assets owned by husband and wife with rights of survivorship (joint tenants with rights of survivorship) are intended to be owned as T by E. Therefore, the T by E designation need not appear on the face of the title (e.g, the deed or bank account) in order to be protected entireties properties.
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