Legal Question in Civil Litigation in Florida

What does joint tenant with rights of survivorship protect in florida if one of you is professionally sued?


Asked on 3/17/12, 3:39 pm

1 Answer from Attorneys

Thomas Shigo The Shigo Law Firm, P.A.

The short answer is not much. The joint tenant has an undivided interest in the property that can be reached if a judgment is entered against one joint tenant. For example, if there are two joint tenants a judgment creditor of one can go after one half of the value of the joint property (the judgment debtor's half). In the case of property that cannot be split, like a house, a creditor could force a sale and then retain half of the net proceeds. Now, establishing exact percentage of ownership could be complicated based on the facts and how the joint tenancy was created. ( i.e. Mom puts son's name on her bank account as a convenience to her for bill paying in the event of incapacity but son never contributes funds to this account - Mom could be deemed the 100% owner during her life despite the joint designation). However, if the property was acquired as husband and wife, then a special form of joint tenancy is - tenancy by the entireties - could be created. Tenancy by the entireties is given special protection from claims of one joint tenant's creditors.

Read more
Answered on 3/19/12, 10:19 am


Related Questions & Answers

More General Civil Litigation questions and answers in Florida