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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
★★★★★
"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..." Michael Starling
★★★★★
"I've had Mr. Goldman do my entire estate planning as well as my gun trust. I highly recommend him and his firm. If you're planning a gun trust, trust no one else Mr. Goldman is one of if not the best versed on this topic." Howard
★★★★★
“Attorney Robert Wilbert of David M Goldman, PLLC, will be the first and only attorney I would ever recommend to a consumer in my position. Mr. Wilbert was professional, answered my numerous questions without hesitation, provided straightforward answers and options. He explained the process thoroughly. He was available to assist before and after the process to make sure all issues had been resolved…” Kameron Knowlton
★★★★★
“Great service is an understatement. We bought several properties that Mr. Goldman handled for his clients. The communication and explanation of everything was terrific. I would definitely recommend him for all of your real estate needs.” Kassandra
★★★★★
“After struggling with 2 probate cases prior to hiring attorney Goldman I was extremely apprehensive during the hiring phase. Not only did Attorney Goldman assure me they could take care of this his office was wonderful. Jennifer was assigned to my case and she was wonderful and were able to guide another probate case I had saving me additional time and frustration. Highly recommend this office.” Debbie