Florida  |  Credit and Debt Law

Legal Question

Asked on: 8/21/13, 12:15 pm

My son has a 10,000 dollar pay problem with the army... he must pay it back, this happened prior to his marriage, the IRS has now sent a letter stating they will garnish his pay to recover this money, the problem he is a stay at home daddy, with no income. His wife works, and they own a home together, my question in the state of Florida is his wife responsible for this debt.

1 Answer

Answered on: 8/21/13, 2:20 pm by Thomas Rosenblum

Hello: I read your question. Since I don't have all the facts, I can only give a general answer. In Florida, we have legal principle called tenants by the entireties (TBE). This means if property is jointly owned and one party is liable for a debt, that property, if TBE, is exempt from collection by that debtor. Thus, she needs to alert the IRS that any tax refund is TBE and exempt from seizure by his creditor. Additionally, there may be other marital property that is TBE and exempt from his creditor. Hope that helps. good luck. Tom Rosenblum

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Rosenblum Law Offices 45 West Bay ST., Ste. 202 Jacksonville, FL 32202

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