GLORIA J. TEARDO, APPELLANT,
v.
THOMAS F. TEARDO, ET AL., APPELLEES
GLORIA J. TEARDO, APPELLANT,
THOMAS F. TEARDO, ET AL., APPELLEES
461 So. 2d 276
Florida District Court of Appeal, Fifth District (1985)
Negative Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Property held as an estate by the entireties is not subject to the lien of a judgment against one tenant alone. Winters v. Parks, 91 So. 2d 649 (Fla.1956); Vaughn v. Mandis, 53 So. 2d 704 (Fla.1951); State ex rel Molter v. Johnson, 107 FLa. 47, 144 So. 299 (1932); Ohio Butterine Company v. Hargrave, 79 Fla. 458, 84 So. 376 (1920); Liberman v. Kelso, 354 So. 2d 137 (Fla. 2d DCA 1978); Bendl v. Bendl, 246 So. 2d 574 (Fla. 3d DCA 1971). The rule applies when the judgment is for arrears in alimony due to an ex-wife as with any other judgment.
AFFIRMED.
ORFINGER, SHARP and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sharp v. Magali C. Hamilton, 520 So. 2d 9 (Fla. 1988)…e entirety becomes a tenancy in common by operation of law upon dissolution of marriage, we reject the “twinkling of a legal eye” analysis of the Third District. Entireties property is not subject to a lien against only one tenant. Teardo v. Teardo, 461 So. 2d 276 (Fla. 5th DCA 1985). We are not persuaded by the fiction fashioned by the Third District that there is a moment in time in which a judgment lien or a mortgage lien held against one of the tenants attaches to the entireties property upon dissolution…
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Sharp v. Magali C. Hamilton, 495 So. 2d 235 (Fla. 5th DCA 1986)…nveyance here occurred prior to the dissolution, vesting sole interest in Mrs. Logan before the dissolution was entered. Property held as a tenancy by the entirety is not subject to the lien of a judgment against one tenant alone. Teardo v. Teardo, 461 So. 2d 276 (Fla. 5th DCA 1985). In the absence of fraud, there is nothing to prevent one spouse from conveying his or her interest in entirety property prior to dissolution free of any liens against the party conveying the interest. Liberman, supra. Both Lower…
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Williams v. M & R Constr. of N. Fla., Inc. (Fla. 1st DCA 2020)…be attached to satisfy an individual spouse’s debt. See Sharp v. Hamilton, 495 So. 2d 235, 238 (Fla. 5th DCA 1986) (“Property held as a tenancy by the entirety is not subject to the lien of a judgment against one tenant alone.”); Teardo v. Teardo, 461 So. 2d 276 (Fla. 5th DCA 1985) (same); In re Willoughby, 212 B.R. 1011, 1015 (Bankr. M.D. Fla. 1997) (explaining that under Florida law “one spouse may not transfer or encumber” property held in a tenancy by the entireties without consent of the other spouse).…
Authorities Cited
- The Ohio Butterine Co. v. Hargrave, 79 Fla. 458 (Fla. 1920)
- Ila Winters v. Parks, 91 So. 2d 649 (Fla. 1956)
- Pierce Liberman and Mitchell M. Murch v. Kelso, 354 So. 2d 137 (Fla. 2d DCA 1978)
- Vaughn v. Mandis, 53 So.2d 704 (Fla. 1951)
- Teodoro Garcia and Alicia Garcia v. The Lumbermens Mut. Ins. Co., 246 So. 2d 574 (Fla. 3d DCA 1971)
- State v. Johnson, 107 Fla. 47 (Fla. 1932)