February 2, 1999
Beal Bank SSB v. Almand & Associates
Case Number(s):
93384
Loading the player...

Summary:

Under the common law of England in force in Florida, husband and wife can jointly own real estate as "tenants by the entirety." If one dies, the property goes to the surviving spouse to the exclusion of all others. Likewise, creditors cannot seize the property for anything but a joint debt. The present case involves several claims that bank accounts were held in this manner, thereby shielding them from creditors of only a single spouse. The Fifth District found that bank accounts can be held this way, but certified questions to the Court because of uncertainties in the law.