Florida Rules of Civil Procedure - Rule 1.977(b)

Asked over 1 year ago - Tampa, FL

My husband was sued for breaking a lease on a building he had leased. He was sued for the remainder of lease and the owner was awarded $42,000 plus attorney fees. He just received the Florida Rules of Civil Procedure. The form asks for my (spouse) information. My husband has no assets. However, I do. I have a condo that was mine before we married and money in an Inherited IRA and Money Market fund, 401k and other assets. I did not sign this lease. It was in my husband's company name, but he also signed a personal guarantee. I am not real happy about supplying my social security number, wages and assets on this form. Can they take any of my assets even though I was not a party to this lease? My husbands name is not on any of my assets.

Attorney answers (1)

  1. Ruth Elaine McMahon

    Contributor Level 18

    2

    Lawyers agree

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    Answered . Rule 1.977(b) deals with corporations and other business entities and is a Fact Information Sheet. I'm not sure what quesions on the fact sheet apply to you unless you are an officer, director - unless you file a joint income tax return and your husband's business income passes through to him on your personal 1040. Rule 1.977(a) deals with individuals and asks qusetion about a spouse and children.

    Asssets in your name alone should not be subject to creditors. If the condo is still in your own name, it is exempt. The home or condo you live in is exempt because it is Floria constitutional homestead. If there is a mortgage or home equity line of credit, the bank holding the mortgage note on a home where you and your husband reside are the only creditors who could have a claim. Retirement accounts are exempt from creditors. I assume that your husband has an attorney who is assiting him in this matter. If so, talk with him or her and explain the situation about your solely owned assets. There are ways to respond to questions so you should not have to reveal your personal assets, etc. If your husband does not have an attorney to assist him, I suggest that you consult with an attorney to assist you in protecting what is yours.
    Good luck!

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