April 20, 2018, 02:11 PM
smithnsigFlorida lawyers..a legal opinion about joint assets.
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?
April 20, 2018, 02:22 PM
jhe888Yup, you need a Florida lawyer. Florida is not a community property state, is it?
April 20, 2018, 02:26 PM
229DAK"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."
LinkApril 20, 2018, 02:43 PM
jhe888In 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.