Tag Archives: Creditor Claim

Protecting Property in Florida Creditor Claim Situations

Property pic
Image: investopedia.com

Attorney Rami Shmuely represents clients in litigating personal injury and third-party liability cases in Miami, FL. Rami Shmuely also has extensive knowledge of complex debtor protection matters. Asset protection is a major issue for many Florida residents, with malpractice and corporate and property liability cases on the rise.

With proper insurance a must, a number of state laws impact which assets are applicable when creditor claims arise. One aspect involves declaring the primary Florida residency a “homestead.” Under this classification, it cannot be part of a court-mandated forced sale under state law, with certain exceptions.

Exceptions include situations of tax or assessment payment and contracted obligations related to the property acquisition. With an occupancy requirement in effect, other restrictions to declaring a homestead include having a property size of no more than a half acre within a municipal boundary, and 160 acres outside of a municipality.

Another strategy for those who are married involves the titling of a property as tenants by the entirety (TBE). Through this classification, wife and husband are considered to be “one person.” When this is in effect, neither spouse has the ability to sever the property alone and thus a creditor’s claim against one party cannot be attached to the TBE property.