Justia Lawyer Rating
Super Lawyers

Joint Ownership & TBE

Florida Tenancy by Entireties and Joint Ownership

How you own property makes a big difference upon your death or in the even of a creditor's claim. There are many types of Joint Ownership in Florida and it is important to evaluate your circumstances and objectives before choosing one or letting the State of Florida choose the default method for you.

Law Office of David M. Goldman PLLC represents individuals and families in Jacksonville and Florida with their Florida Asset Protection needs. Our Florida Asset Protection Attorneys and Florida Asset Protection Lawyers work with high net worth individuals and families.

When you purchase a home as a married couple, it is typically owned as Tenancy by the Entireties. This form of ownership affords asset protection unless both spouses are jointly indebted to a creditor. Florida, unlike most states, affords this protection to all types of property including real and personal property.

Many married people own real or personal property as joint tenants with rights of survivorship. When one spouse dies, the surviving spouse will own the property. Property owned Jointly is not protected from their creditors. Jointly owned Property with rights of survivorship (JTWROS) offers no protection from creditors. Creditors of any owner can file against any owner of the property.

Ways Tenancy by the Entireties can be defeated. Anytime property is changed from TBE to Joint tenants it looses this protection. This can happen with a divorce or death of a spouse to the extent that the surviving spouse has creditors.

If you think Asset Protection may be appropriate or you feel that there is a potential risk you would like to limit, CONTACT our Florida Asset Protection Lawyers by email or call us at 904-685-1200 to discuss your situation today.

Client Reviews
After years of trying to protect my assets from creditors, I was shocked to find out that my assets were unprotected in ways I had never considered. Not only had I placed my assets at risk from my mother's creditors, but I had placed my assets at risk from other family members who were intent on manipulation. When my mother died, I discovered that a family member had changed my mother's estate planning documents. Mr. Goldman and his team were able to explain what went wrong and successfully defended my position in court. During the case, I learned that I could have had much better protection from family and creditors, thus avoiding years of litigation and undue familial stress. When it comes to protecting your assets and your family, I would highly recommend hiring Mr. Goldman and his team. Bill H.
As a real estate agent, I have been involved with many property transactions where I needed a probate attorney to help facilitate the transaction. I have used the services of Mr. Goldman and his staff over the last several years and continue to use them on a regular basis. His office has been able to navigate the court system and help estates sell their property quickly and efficiently. In addition, Mr. Goldman can help real estate investors structure trusts to protect their assets from creditors. Michael Starling
This office is fantastic. I was faced with a horrible situation and this office helped to put an end to the untenable situation. Ms. Kendal Schoepfer was always available before, during, and after office hours to answer any questions that I had. I highly recommend this law office to all. Tisha Brown
Kendal was an amazing answer to a difficult time. Highly recommend her!!! Dana Ramsey