Legal Question in Real Estate Law in Florida

I'm not the expert on this, but I feel comfortable enough saying that generally the only kinds of liens that can be attached to homestead (I'm assuming this is homestead) are tax liens, homeowner associations, mechanics/contractor's liens for work done on the property--things directly related to the property itself. I am fairly certain that medical bills will not take away the home. Look at Johnathan Alper's site. Thank you.

http://www.alperlaw.com/statutory_protection.html

www.mrmisdemeanor.com

I do practice in this area, and Mr. Bishop is correct. If the property is homestead, creditor liens do not attached unless you grant them a secure right (like a mortgage or associations), or for taxes and contractor liens, This would apply even if your son owned the property and not his wife.

If the property was not his wife's homestead, then it still wouldn't attach unless he gains an ownership interest in the property. His debts don't transfer to her without her consent, or if she receives benefits from assets received from him subject to those debts.

For future reference, if they own assets together, then should own them husband and wife (which is Tenants by the Entireties, not jointly or tenants in common). If so, while they remain married, and debts of one or the other cannot attach to those assets. But if the debt is against both of them, then it can attach to this non-homestead property.

I'm sorry to hear about the situation. If your son owes money to someone, then they could potentially sue your son and obtain a judgment against him. They can then try to collect on the judgment by taking your son's assets. The house is not an asset of your son's. It is owned by his wife, and no creditor can touch it.

Your son may be a good candidate for bankruptcy. That would probably wipe out much of his debt. Our office handles a lot of bankruptcies. We offer a free initial consultation and would be happy to discuss the situation with you or your son.