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Florida lawyers..a legal opinion about joint assets. Login/Join 
We gonna get some
oojima in this house!
Picture of smithnsig
posted
Hypothetically, if I get sued personally,(I’m not btw) and all of my properties and bank accounts are held jointly with my wife, how does that work?


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TCB all the time...
 
Posts: 6501 | Location: Cantonment/Perdido Key, Florida | Registered: September 28, 2009Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
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Yup, you need a Florida lawyer. Florida is not a community property state, is it?




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53121 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Member
Picture of 229DAK
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"The distribution of property in a divorce in Florida is covered by Chapter 61 of the Florida Statutes. Rather than a community property state, such as California, Florida has adopted what is known as Equitable Distribution. Under the Equitable Distribution scheme, marital property is fairly divided between the parties."

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“A man’s treatment of a dog is no indication of the man’s nature, but his treatment of a cat is. It is the crucial test. None but the humane treat a cat well.”
-- Mark Twain, 1902
 
Posts: 9032 | Location: Northern Virginia | Registered: November 04, 2005Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
In Texas, your spouse isn't personally liable for debt you incur by yourself (with just a few execeptions), even though we are a community property state. This generally includes liability for contract-based claims and tort claims.

However, even though your spouse isn't liable for your debts, your judgment creditors may be able, after going through the whole process, may be able to get their hands on your property to satisfy the debt, even though your spouse has some ownership interest in it.

However, and in Texas this is a big however, Texas has extremely generous protections for debtors, and most people who aren't extremely wealthy have very little property creditors are allowed to seize. So the danger to a community property spouse is minimal given the exemptions from seizure.

But Florida's rules could be very different.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53121 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
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