This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgment Lien On Jointly Owned Property In Florida
Category:
State:
Multi-State
Control #:
US-0025LTR
Format:
Word;
Rich Text
Instant download
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FAQ
Judgment Lien Fees ServicePrice Judgment Lien Certificate $20.00 Add-on for each additional debtor $5.00 Add-on for each attached page $5.00 Second Judgment Lien Certificate $20.003 more rows
After filing the “Notice to Owner,” the official lien is to be filed within 90 days of the final furnishings of service or 90 days from the termination of the contract between the general contractor and the owner, whichever comes first.
You can obtain a judgment lien on all of the judgment debtor's personal property located anywhere in the state by filing a Judgment Lien Certificate with the Department of State. To get the proper form you must go on the internet to the Department's website: .sunbiz.
To attach a lien, the creditor must record the judgment with the county recorder in any Florida county where the debtor owns real estate now or may own real estate in future. For liens on personal property, the creditor files the judgment with the Florida Department of State.
The short and legal answer is YES, the creditor can force the sale of that half interest, but normally they won't. Part of the reason is that half of a property is not worth half of what the property is worth.
Property that is held by a husband and wife is called tenancy by the entirety and cannot be divided. This means jointly held property is not subject to the claims of creditors of the husband or wife individually. This applies to real property as well.
Florida is considered one of the best states for asset protection because of its generous creditor exemption laws. Florida law protects an unlimited amount of homestead equity, tenants by entireties property, head of household wages, retirement accounts, annuities, life insurance, and disability insurance.
In general, a creditor with a Florida judgment against only one spouse cannot collect any part of the judgment from the non-debtor spouse's separate property. A creditor holding a joint judgment against both spouses may collect either from either spouse's separate property or from jointly owned assets or accounts.
In almost every case, you will not be held responsible for debt your spouse has incurred before your marriage. The only exception to this rule is if you become a joint account holder after marriage.
