Legal Question in Credit and Debt Law in Florida
Marital assets and judgements
If a company gets a judgement in Ohio can they collect against assets in both husband/wifes name in Florida, if judgement is just on him, ie checking savings, mutual funds in both names.
2 Answers from Attorneys
Re: Marital assets and judgements
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
A person's residence is exempt from levy under our homestead laws.
Entireties property (property owned in the name of both spouses) is exempt from levy for a judgment against just one spouse. The wages of a head of household are exempt from garnishment, and also monies traceable to those wages.
However, other real property, and
bank accounts other than head of household wages are garnishable and therefore collectable.
Scott R. Jay, Esq.
Re: Marital assets and judgements
Probably not, if Judgment is only against Husband cant collect upon assets jointly owned as tenancy by the entireties between Husband and Wife. Plus an Ohio Judgment must first be domesticated in Florida to be enforced here.