Melbourne, FL asked in Bankruptcy for Florida

Q: Married filing alone FL Chapter 7 Tenant by Entirety for Personal property.No real estate. What is the exemption?

I have read everything I can find regarding Tenant by Entirety. The closest exemption I found is listed under the Homestead Exemption which is listed as 222.01. But this appears to apply primarily to Real property. I am looking for the exemption for personal property that is claimed exempt as TBE. I have no secured debts. I only have credit card debt from medical bills & no income. I want to be sure to use the correct exemption for property that is property of the marriage & not my personal property from before the marriage.

Thank you for your help.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: The federal wildcard exemption is $13, 025. Car is $3,775. Various other exemptions depending on type of property.

Alex McClure
Alex McClure
Answered
  • Bankruptcy Lawyer
  • Lake Mary, FL
  • Licensed in Florida

A: TBE is a common law exemption in FL, and is not codified by statute. It is entirely different, separate and apart from 222.01 and Florida's homestead.

You may want to hire an attorney to help you, and the money is well worth professional guidance.

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