:: Tenancy by Entirety Exemptions : Florida Bankruptcy Law

Other Florida Exemption Citations

Fla. Const. Art.10, � 4 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
Fla. Const. Art.10, § 4 - Any personal property to $1,000 (husband & wife may double)
Meyer v. Faust, 83 So.2nd 847 (Fla 1955) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Colwell, 196 F.3d 1225 (11th Cir. 1999) - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
Havoco of America, Ltd. v. Hill, 197 F.3d 1135 (11th Cir Fla. 1999) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Havoco of America, Ltd. v. Hill, 197 F.3d 1135 (11th Cir Fla. 1999) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Pizzi, 153 B.R. 357 (S.D. Fla. 1993) - Annuity contract proceeds; does not include lottery winnings
In re Hawkins, 51 B.R. 348 (S.D. Fla. 1985) - Any personal property to $1,000 (husband & wife may double)
In re Musolino, 391 F.3d 1295 (11th Cir 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Fla. Stat. Ann. § 121.131 - State officers, employees
Fla. Stat. Ann. § 122.15 - County officers, employees
Fla. Stat. Ann. § 175.241 - Firefighters
Fla. Stat. Ann. § 185.25 - Police officers
Fla. Stat. Ann. § 222.01 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
Fla. Stat. Ann. § 222.01 - May file homestead declaration
Fla. Stat. Ann. § 222.02 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
Fla. Stat. Ann. § 222.03 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
Fla. Stat. Ann. § 222.05 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
Fla. Stat. Ann. § 222.11 - 100% of wages for heads of family up to $750 per week either unpaid or paid and deposited into bank account for up to 6 months
Fla. Stat. Ann. § 222.13 - Death benefits payable to a specific beneficiary, not the deceased's estate
Fla. Stat. Ann. § 222.14 - Annuity contract proceeds; does not include lottery winnings
Fla. Stat. Ann. § 222.14 - Life insurance cash surrender value
Fla. Stat. Ann. § 222.18 - Disability or illness benefits
Fla. Stat. Ann. § 222.20 - Florida has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). FSA § 222.20, But with exceptions noted in FSA § 222.201, allowing federal exemptions in 11 USC § 522(d)(10).
Fla. Stat. Ann. § 222.201 - Alimony, child support needed for support
Fla. Stat. Ann. § 222.201 - Public assistance
Fla. Stat. Ann. § 222.201 - Social Security
Fla. Stat. Ann. § 222.201 - Unemployment compensation ("reemployment assistance")
Fla. Stat. Ann. § 222.201 - Veterans' benefits
Fla. Stat. Ann. § 222.201 - Florida has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). FSA § 222.20, But with exceptions noted in FSA § 222.201, allowing federal exemptions in 11 USC § 522(d)(10).
Fla. Stat. Ann. § 222.21 (2) - ERISA-qualified benefits, and all tax exempt retirement funds including IRAs, Roth IRAs
Fla. Stat. Ann. § 222.21 - Federal government employees' pension payments needed for support & received 3 months prior
Fla. Stat. Ann. § 222.22 (4) - Prepaid hurricane savings account deposits
Fla. Stat. Ann. § 222.22 (1),(3) - Prepaid college education trust deposits
Fla. Stat. Ann. § 222.22 (2) - Prepaid medical savings account deposits and flexible spending account.
Fla. Stat. Ann. § 222.25 - $4,000 of any personal property in lieu of homestead exemption. This exemption does not apply to a debt owed for child support or spousal support.
Fla. Stat. Ann. § 222.25 (3) - Federal income tax refund or credit
Fla. Stat. Ann. § 222.25 (2) - Health aids
Fla. Stat. Ann. § 222.25 (1) - Motor vehicle to $1,000
Fla. Stat. Ann. § 222.25 (3) - Earned Income Tax Credit
Fla. Stat. Ann. § 238.15 - Teachers
Fla. Stat. Ann. § 440.22 - Workers' compensation
Fla. Stat. Ann. § 443.051 (2),(3) - Unemployment compensation ("reemployment assistance")
Fla. Stat. Ann. § 497.413 - Pre-need funeral contract deposits
Fla. Stat. Ann. § 497.456 (8) - Pre-need funeral contract deposits
Fla. Stat. Ann. § 632.619 - Fraternal benefit society benefits
Fla. Stat. Ann. § 744.626 - Veterans' benefits
Fla. Stat. Ann. § 769.05 - Damages to employees for injuries in hazardous occupations
Fla. Stat. Ann. § 960.14 - Crime victims' compensation, unless seeking to discharge debt for treatment of injury incurred during the crime

50 State Tenancy by Entirety Exemptions

Alaska Stat. § 34.15.140 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Alaska Stat. § 09.38.100 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Morris v. Solesbee, 892 S.W.2nd 281 (Ark. App. 1995) - Not exempt. Tenancy by the entirety is recognized but debtor's interest in TBE property is not exempt.
Morrison v. Potter , 764 A.2d 234 (D.C. 2000) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
Estate of Wall, 440 F.2d 215 (D.C. Cir. 1971) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
In re Hovatter, 25 B.R. 123 (D. Del.Bankr. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 316 B.R. 629 (D.Del 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 289 B.R. 38 (D.Del,Bankr. 2003) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Meyer v. Faust, 83 So.2nd 847 (Fla 1955) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Havoco of America, Ltd. v. Hill, 197 F.3d 1135 (11th Cir Fla. 1999) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Musolino, 391 F.3d 1295 (11th Cir 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Haw. Rev. Stat. § 509-2 - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Traders Travel Intern., Inc. v. Howser, 753 P.2d 244 (Hawaii 1988) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Security Pacific Bank v. Chang, 818 F.Supp. 1343 (D. Haw. 1993) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
750 Ill. Comp. Stat. 65/22 - Tenancy by entirety property exempt except against joint debts
765 Ill. Comp. Stat. 1005/1c - Tenancy by entirety property exempt except against joint debts
Gillissie v Gillissie, 215 B.R. 370 (Bankr.N.D.Ill 1997) - Tenancy by entirety property exempt except against joint debts
Ind. Code Ann. § 34-55-10-2 (c)(5) - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 32-17-3-1 - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 34-55-10-2 (c)(5) - Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse
Mass. Gen. Laws ch. 209, § 1 - Property coowned by spouses as TBE and used as the principal residence of the nondebtor spouse is exempt unless the claim is based upon necessities provided to either spouse or dependent.
Mass. Gen. Laws ch. 209, § 1 - Property held as tenancy by the entirety may be exempt against debt for non-necessity owed by only one spouse.
In re Birney, 200 F.3d 225 (4th Cir. 1999) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Est. & Trusts] § 14.5-511 - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (b)(8),(9) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
In re Guzior, 347 B.R. 237 (Bkrtcy.E.D.Mich. 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Spears, 313 B.R. 212 (W.D.Mich. 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.6023a - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Raynard, 354 B.R. 834 (6th Cir BAP 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Smith, 246 B.R. 540 (E.D. Mich. 2000) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Scott v. Union Planters Bank N.A., 196 S.W.3d 574 (Mo.App. S.D., 5/15/2006) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Eads, 271 B.R. 371 (Bkrtcy. W.D. Mo. 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Mo. Rev. Stat. § 513.475 (2) - Tenancy by the entirety is recognized in ownership of both real and personal property, and in the case of real property, such interests are exempt. MAS § 513.475(2). Consequently, pursuant to Code § 522(b)(2)(B) interests of the debtor in real property as a tenant by the entirety are exempt in Bankruptcy Code.
Edgar v. Ruma, 823 S.W.2d 59 (Mo. Ct. App. 1991 ) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
Miss. Code Ann. � - Tenancy by the entirety has been recognized by Mississippi state courts. Consequently, pursuant to Code § 522(b)(2)(B), such interests may also be exempt. Status unkown.
In re Chandler, 148 B.R. 13 (E.D. N.C. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
King v.Greene, 30 N.J. 395 (N.J. 1959) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
Freda v. Commercial Trust Co. of New Jersey, 570 A.2d 409 (N.J. 1990) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
N.M. Stat. Ann. § 40-3-10 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.M. Stat. Ann. § 40-3-11 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.Y. Est. Powers & Trusts Law § 6-2.2 - Recognized, but not exempt
In re Pernus, 143 B.R. 856 (N.D. Ohio 1992) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
In re Cline, 164 B.R. 592 (Bankr.S.D. Ohio 1994) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
Or. Rev. Stat. § 108.090 - Tenancy by the Entireties recognized in real estate, but is not exempt.
Stanley v. Mueller, 222 Or. 194 (1960 ) - Tenancy by the Entireties recognized in real estate, but is not exempt.
In re Martin, 259 B.R. 119 (M.D. Pa. 2001) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Ryan, 282 B.R. 742 (D.R.I. 2002) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
Cull v Vadnais, 406 A.2d 1241 (RI ) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
In re Furkes, 65 B.R. 232, 236 (D.R.I 1986) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
11 U.S.C. § 522 (b)(3) - Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.
Vt. Stat. Ann. tit. 15, § 67 - NORTON Vermont recognizes tenancy by the entirety. Such interest, however, may be subject to certain debts and thus the exemption of such interests are also limited under the Bankruptcy Code pursuant to Code § 522(b)(2)(B). See VSA 15 § 67.
Vt. Stat. Ann. tit. 12, § 2781 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Lowell v. Lowell, 419 A2d 321 (Vt. 1980) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re McQueen, 21 B.R. 736 (D. Ver. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Vt. Stat. Ann. tit. 15, § 67 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Rose v. Morell, 259 A2d 8 (Vt. 1969) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Anselmi, 52 B.R. 479 (D.Wy. 1985) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Wenande, 107 B.R. 770 (Bankr. D. Wyo 1989) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

← Florida Tenancy by Entirety Exemptions

Citation: Case - In re Musolino, 391 F.3d 1295 (11th Cir 2004)

Other Florida Exemption Citations

50 State Tenancy by Entirety Exemptions