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If an auto is owned in the name of the husband and wife can a creditor that is after the husband take the auto ? the wife is

Port Saint Lucie, FL |

not signed on with the creditor with the husband.

Attorney Answers 3


  1. It sounds like you are worried about the husband's creditor who does not have a lien on a car title whose name is in husband "and" wife. If that is the case, the creditor would usually have to sue and obtain a judgment against the husband before it can have the sheriff levy on the husband's property. In Florida, if the judgment is against the husband only, the creditor cannot generally levy on property owned in the name of husband and wife.


  2. Under Florida law, property titled to husband AND wife jointly is presumed to be held as tenants by the entirety. Assuming that the creditor's loan is not secured by the vehicle, then the creditor cannot come against the vehicle if the vehicle is owned as tenants by the entirety.

    Note that if the vehicle is title husband OR wife, then it is not tenancy by the entirety and a judgment creditor of the husband (or a non-judgment creditor if the loan is secured by the vehicle) can seek to have the asset sold to apply to the debt balance.

    I recommend that you speak to a debt lawyer to analyze the particulars of your situation.


  3. I agree with the other attorneys and would suggest you speak with an attorney that will help you with what is called Asset Protection, so that your assets are titled in the best way possible to defend against creditors-

    Mention this posting if you call and we will provide a telephone consultation at NO charge.

    J. Garry Rooney
    Attorney at Law
    Rooney & Rooney, P.A.
    2145 14th Avenue, Suite 20
    Vero Beach, FL 32960
    (772) 778 5400
    (772) 778 5290 (fax)
    Attorneys@RooneyAndRooneyLaw.com
    www.RooneyAndRooneyLaw.com
    www.VeroLawFirm.com