Kevin and Linda are married and own their home as tenants by the entirety. Kevin files for bankruptcy due to business debts. The bankruptcy trustee wants to sell the house to pay Kevin's creditors. Under Florida law, what will likely happen?
Correct Answer
C) The trustee cannot reach the property due to entirety protection
Correct: Florida's tenancy by the entirety provides strong protection from individual creditors, including bankruptcy trustees, as long as both spouses are alive and the property remains homestead. Why not A: The trustee cannot force sale of entirety property for individual debts. Why not B: The trustee cannot sell Kevin's interest as he doesn't own a separate transferable interest. Why not D: Liens cannot attach to entirety property for individual spouse's debts.
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In Florida, what language must appear in a deed to create joint tenancy with right of survivorship?
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Rachel, Steve, and Tony own an office building in Miami as joint tenants with right of survivorship. Rachel dies, leaving a will that bequeaths her interest in the property to her daughter. Steve and Tony claim they now own the building as joint tenants. Who is correct under Florida law?