Florida Marital Property Laws for Debt Collectors & Judgment Creditors

🌴 Florida Marital Property: The Creditor’s Overview

Florida operates as a common law property state by default — each spouse owns property they individually earn or acquire. Unlike most common law states, however, Florida layers several uniquely powerful debtor protections on top of the common law framework: an unlimited homestead exemption, one of the nation’s most expansive tenancy by entirety shields for jointly held property, and a head-of-household wage exemption that effectively eliminates consumer wage garnishment for most Florida debtors.

In 2021, Florida also enacted the Florida Community Property Trust Act — allowing couples to hold assets in a community property trust for federal tax advantages. This opt-in trust mechanism adds another layer of complexity for creditors analyzing Florida marital assets. Understanding all three layers — common law default, tenancy by entirety shield, and CP trust option — is essential before pursuing any Florida judgment enforcement action.

📝 Florida Community Property Trust Act

Florida enacted the Florida Community Property Trust Act (F.S. §736.1501 et seq.) effective July 1, 2021. This law allows married couples to hold assets in a Florida Community Property Trust — giving the assets community property tax treatment under federal law while retaining Florida’s common law framework for state purposes.

🔑 What This Means for Creditors

• 💼Assets held in a Florida CP Trust are treated as community property for federal tax purposes but do not necessarily change creditors’ rights under Florida state law
• 📋The trust instrument must be reviewed to understand what assets were contributed and how they are characterized for creditor purposes
• 🔍CP Trusts are primarily used for estate planning purposes — the stepped-up basis tax advantage on death is the primary driver, not creditor protection
• ⚠️Assets in a CP Trust are not necessarily shielded from creditors simply because they are in the trust — trust assets may still be reachable through charging orders or other trust execution procedures
• 📝CP Trusts are recorded in the public trustee registry — search F.S. §736 filings for known debtors

🔒 Tenancy by Entirety: The Creditor’s Biggest Florida Challenge

Florida’s tenancy by entirety rules represent one of the most significant debtor protections for married couples in the country — and the most frustrating obstacle for single-creditor judgment enforcement. When property is held as tenancy by the entirety, it is treated as owned by the marital unit as a whole, not by either individual spouse. Neither spouse can unilaterally transfer their interest, and critically for creditors, a judgment against only one spouse cannot be enforced against tenancy by the entirety property.

🎯 How to Break Through TBE Protection

The most direct path through TBE protection is obtaining a judgment against both spouses — converting a single-creditor situation into a joint creditor situation. This requires either: (1) the non-debtor spouse co-signed or guaranteed the debt, (2) both spouses are jointly liable for the obligation, or (3) the debt qualifies as a necessary and both spouses are liable under Florida’s necessaries doctrine.

👩‍⚖️ Spousal Liability for Debts in Florida

Under Florida’s common law property system, spouses are generally not liable for each other’s individual debts. Each spouse’s separately incurred obligations are enforceable only against that spouse’s separate assets and their interest in jointly held property (subject to TBE protection). Florida courts do recognize a limited necessaries doctrine for spousal medical care.

🔴 Joint Debt — Both Spouses Liable

• 📃Contracts signed jointly by both spouses — both are liable and TBE protection is eliminated for that debt
• 💳Joint credit cards and joint account obligations — both spouses are liable
• 🏠Joint mortgage obligations — both spouses are obligated
• 💼Business debts personally guaranteed by both spouses — jointly reachable
• 🏥Medical necessaries for either spouse — potentially both spouses liable under Florida’s necessaries doctrine

💰 Florida Wage Garnishment Rules

Florida has one of the most protective wage exemption schemes in the country. The head-of-household exemption under F.S. §222.11 effectively eliminates wage garnishment for most Florida debtors who provide more than half of the financial support for a household member or dependent.

See our full Wage Garnishment Laws by State comparison for the complete national picture.

🏠 Judgment Liens on Florida Real Property

Despite the homestead exemption’s power, recording a judgment lien on Florida real property remains a critical collection tool — particularly for non-homestead investment properties, commercial real estate, and vacant land. Florida’s judgment lien statute (F.S. §55.10) allows recording an Abstract of Judgment with the County Clerk that attaches to all non-exempt real property in that county.

📋 How to Record a Judgment Lien in Florida

1. 🏛️ Obtain certified judgment and prepare the lienGet a certified copy from the Florida circuit or county court. For out-of-state judgments, domesticate in Florida circuit court under the Uniform Out-of-Country Foreign Money Judgment Recognition Act (F.S. §55.601).
2. 📋 File with the Clerk of Court in each countyRecord a certified copy of the judgment with the Clerk of the Circuit Court in each Florida county where the debtor owns non-exempt real property. Florida has 67 counties — run a statewide title search first to identify all real property holdings.
3. 🏠 Identify homestead vs. non-homestead propertyThe homestead exemption is unlimited — a $5M Miami Beach primary residence is fully protected. Investment condos, rental properties, vacant lots, and commercial real estate have no homestead protection. Focus your lien strategy on these non-exempt properties.
4. 🔄 Renew before the 10-year expirationFlorida judgment liens are valid for 10 years and renewable. The underlying money judgment can also be renewed for an additional 20 years under F.S. §55.081. Calendar renewal dates carefully.

🏠 Florida’s Unlimited Homestead Exemption

Florida’s homestead exemption under Article X, Section 4 of the Florida Constitution and F.S. §222.01 is unlimited in value — among the strongest in the nation alongside Texas. A $10 million primary residence in Palm Beach is as fully protected as a $150,000 starter home in Jacksonville. No forced sale of a properly designated homestead is possible for most civil judgment creditors.

🏦 Bank Account Levies & Personal Property in Florida

Bank account levies via writ of execution remain viable in Florida for accounts held solely in the debtor’s individual name. The key complication is TBE — jointly held marital bank accounts are presumptively TBE-protected against single-creditor garnishment. Identifying individually held accounts is therefore essential to any Florida bank levy strategy.

🔑 Key Rules for Florida Bank Levies

• 👤Individual accounts solely in the debtor’s name: reachable via writ of execution
• 👫Joint accounts held by married spouses: presumptively TBE-protected against single-creditor judgment — NOT reachable unless both spouses are judgment debtors
• 💵Federal benefit deposits (Social Security, VA, SSI): automatically protected for 2 months of direct deposits under federal law
• 🏥Head-of-household wages on deposit: may retain exemption even after deposit — Florida courts have been inconsistent on this question
• 💼Business account in debtor’s name: reachable if held individually (not in entity name)
• 📋File writ of execution with the county sheriff — Florida does not use a court-appointed garnishee process for most personal property levies

🚗 Vehicle and Personal Property Levy

Florida’s motor vehicle exemption is only $1,000 — very low, meaning most vehicles carry significant exposed equity. However, vehicles jointly titled by married spouses may carry TBE protection, making the titling analysis critical. Our vehicle location service identifies Florida DMV registration status, titling, and lienholder information for all vehicles associated with both spouses.

🛡️ Florida Property Exemptions: What You Cannot Take

🔍 Skip Tracing Married Debtors in Florida

Florida presents distinct skip tracing challenges driven by the state’s size, population diversity, and culture of asset protection planning. With over 22 million residents across 67 counties — from the Florida Panhandle to the Florida Keys — and a large seasonal and snowbird population, finding and asset-mapping a Florida debtor requires systematic multi-county coverage.

🎯 What We Locate for Florida Creditors

📋 Step-by-Step: Collecting from a Married Florida Debtor

1. 🔍 Confirm marital status and analyze joint vs. individual asset holdingsIdentify the spouse and map which assets are individually vs. jointly held. This determines TBE exposure. Jointly held property is shielded unless you can establish joint liability. Use our marital status investigation service.
2. 📝 Check for co-signer or guarantor status on the underlying debtDid the non-debtor spouse co-sign, guarantee, or benefit from the obligation? If yes, you may have joint liability — eliminating TBE protection for jointly held assets. This is your most powerful Florida strategy.
3. 🏠 Run comprehensive non-homestead real property searchIdentify all investment properties, rental units, vacant land, and commercial real estate in the debtor’s name across all 67 counties. These are your primary lien targets. Use our professional asset search.
4. 📋 Record judgment lien statewide on non-homestead real propertyFile your Abstract of Judgment with the Clerk of Court in each county where the debtor holds non-homestead real estate. The homestead is untouchable — focus on investment property. See our judgment lien guide.
5. 🏦 Levy individually held bank accountsIssue writs of execution against accounts held solely in the debtor’s individual name — not joint marital accounts (TBE-protected). Our bank account search service identifies individual accounts at major and regional Florida financial institutions.
6. 🚗 Levy individually titled vehiclesFlorida’s $1,000 motor vehicle exemption leaves most vehicle equity exposed. Target vehicles titled solely in the debtor’s name — avoid jointly titled marital vehicles (TBE-protected). Use our vehicle location service.
7. 💼 Target non-LLC business assetsBusiness assets held directly (not in entity form) by the debtor are reachable. If business is structured as an LLC, pursue a charging order under F.S. §605.0503 for distributions. See our charging orders guide.
8. 📋 Schedule debtor examination under F.R.C.P. 1.560Compel the debtor to appear and disclose all assets, accounts, and business interests — including any CP Trust holdings, LLC interests, annuities, and life insurance cash value. A thorough examination reveals assets no database can find. See our debtor examination guide.

❓ Frequently Asked Questions

🔗 Related Resources

⚖️ Other Opt-In & Community Property States

🔍 Enforcement & Collection Guides