Article Discusses Tenants By Entireties in a Joint Living Trust

Jon Alper Tenants By Entireties

Florida property owned by a husband and wife with rights of survivorship is presumed to be “tenants by entireties” property which is protected from the creditors of either spouse, but not protected from joint creditors. If a husband and wife contribute money to a revocable living trust, does the change of ownership terminate the entireties protection?

Disclaimer of Tenants by Entireties on Boat Title

Jon Alper Tenants By Entireties

Much has been written about technical procedures for setting up a tenants by entireties account. One of the rules, expressed in several prior court decisions, is that any joint account owned by husband and wife is presumed to be an entireties accounts even if the account title does not state “tenants by entireties” provided however that the debtor did not …

Disclaimer of Tenancy By Entireties Accounts

Jon Alper Tenants By Entireties

The Florida Supreme Court says  that all joint bank accounts owned by a husband and wife are presumed to be exempt tenants by entireties accounts unless the spouses have disclaimed entireties ownership. What does “disclaiming entireties ownership” really mean? 

Tenants By Entireties Does Not Require Florida Residency

Jon Alper Tenants By Entireties

A reader asks an interesting question about tenants by entireties protection: does tenants by entireties protection apply to marketable securities held in a Florida brokerage account where one of the spouses is a permanent Florida resident and the other spouse resides outside Florida?

Tenants By Entireties Bank Accounts Made Easier By A Modified Banking Statute

Jon Alper Tenants By Entireties

Generally, Florida’s creditor exemptions are expressed in Chapter 222 of the Florida Statutes. The Chapter’s sections list Florida’s premier asset protection exemptions including the exemptions afforded wages, retirement funds and annuities. Sometimes the legislature makes important asset protection changes in various other parts of the Statutes.