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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16396
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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I have a judgment recorded in Florida against me individually.

Customer Question

I have a judgment recorded in Florida against me individually. I would like to purchase real-estate with my wife with protection from my creditors. Tenancies' in common? Tenancies' by entireties? difference?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.
Hello. My name is***** am a Florida licensed attorney and I will be happy to answer your question.While I cannot comment on your specific situation, generally, the best protection would be to have ownership of a house as tenants by entirety and also to declare the house as a homestead. I wish you the best of luck!
Customer: replied 1 year ago.
This real estate is vacant land only. We will construct our primary residence on this lot in the future. How should the deed be recorded to insure tenancies of entirety's protection from creditors, and are their additional documents to record to insure tenancies by entirety's protection before and/or after purchase. Can my creditors circumvent the protection afforded my spouse and me if we record the deed as you direct us.
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.
I am not in any way directing you or any other JustAnswer.com customer to do anything. this website is limited to general legal information only and you should always consult with a local attorney before making any legal decision and should never rely on any general information provided on JustAnswer.com as disclosed to you in the disclosure to which you have agreed, prior to viewing my general answer.
While I cannot comment on your specific case, generally the deed would have to state that the title is taken by the spouses as tenants by the entirety, however, it is generally, recommended to resolve any outstanding judgments, prior to purchasing any type of real property, since while unsecured judgment creditors might not be able to foreclose on the jointly owner property, they might still be able to place a lien on the property, which would have to be paid off if the ownership of the property is transferred or if the property is financed.
I wish you the best of luck!
Expert:  Alex Esquire replied 1 year ago.
Do you have any related follow up questions? If not please positively rate my answer, so I can receive credit for my work.
Thank you and God bless you!
Customer: replied 1 year ago.
"they might still be able to place a lien on the property", please expound.
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.
Generally, even if the real property is held as tenants by entirety, under some circumstances, unsecured judgment creditor of one spouse, can place a lien on the property and the lien would remain on the property and would have to be paid off, before the property can be sold or refinanced.
This is a complex area of law and I would highly suggest that you do consult with an experienced local real estate attorney, who can review your entire situation and can specifically advice you whether it will be possible to protect any property which might be jointly owner by you and your spouse from any judgment creditors that you might have.
I wish you the best of luck!
Customer: replied 1 year ago.
Last question. Would the lien if placed on real property be subject to the duration limitations of the judgment? 10years + 10 potential additional years?
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.No. The lien never expires, it is the judgment that would expire. The lien once is placed, would remain on the real property indefinitely, until the lien is satisfied. I wish you the best of luck!
Expert:  Alex Esquire replied 1 year ago.
Do you have any related follow up questions? If not please positively rate my answer, so I can receive credit for my work.
Thank you and God bless you!

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