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?
1 Answer from Attorneys
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.
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