Married Property Protection via TBE in Florida
FL TBE married protection: one spouse’s creditor cannot reach TBE property (no sale, lien, or garnish). Extends to: home, investments, bank accounts. Exceptions: joint creditors, IRS (Craft), bankruptcy (both file), and divorce (converts to TIC). Creation: automatic for married couples, best to include "tenants by the entirety" in deed. Joint bank accounts: presumed TBE. Must be legally married. Convert: add spouse by new deed.
Protection Scope
- Home, investments, bank accounts
- One spouse’s creditor blocked
- Joint creditors can reach
Exceptions
- IRS (Craft), bankruptcy
- Divorce: converts to TIC
- FL state tax liens possible
Creation
- Automatic for married couples
- Deed: "tenants by entirety"
- Must be legally married
Related Terms
- FL TBE — Full overview
Barnes Walker Estate Planning
Barnes Walker’s attorneys advise on TBE in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC