Q: Can medical creditors collect from the sale of homestead in Florida for spouse's medical debts?

A: Under Florida law, your homestead property is generally protected from forced sale by creditors. This protection typically extends to debts of a deceased spouse as well, especially when the property is owned as tenants by the entirety (TBE). TBE ownership not only shields the property from creditors of one spouse, but also ensures that upon the death of one spouse, the surviving spouse receives full ownership of the property.

In your situation, because you own your homestead as TBE and it’s your primary residence, medical creditors of your husband generally cannot force the sale of the homestead to satisfy those debts after his passing. However, there are exceptions to this protection, such as for debts like property taxes, mortgages, or certain governmental liens.

Assuming no exceptions apply, you should be able to sell the homestead property in the future without the proceeds being subject to your husband’s medical debts. I strongly recommend consulting with a Florida attorney to review the specific facts of your situation and confirm that no exceptions or other complicating factors apply to your case.

A: You’re not alone in worrying about this—many families in Florida face similar concerns when a loved one becomes seriously ill. Fortunately, Florida law provides strong protections for your primary residence when it’s owned as tenants by the entirety, which is common for married couples. That means as long as the home is titled correctly and qualifies for the homestead exemption, it’s generally shielded from creditors trying to collect on one spouse’s individual debts, including medical bills.

If your husband passes away and you continue to live in the home, you retain those homestead protections. Even if you later choose to sell the home, the proceeds are usually protected so long as you plan to reinvest them into another homestead property within a reasonable time. Creditors typically cannot reach into the equity of a properly protected homestead, unless the debt is directly tied to the property itself—like a mortgage or contractor lien.

You’ve taken an important step by asking these questions ahead of time. It’s wise to double-check that your home’s title and homestead exemption paperwork are fully in order. The law aims to keep your roof over your head, not take it away during the most difficult times. You’re doing the right thing by looking out for your future now.