Exempt status of personal items of my wife and son

[donjim]

What is the name of your state (only U.S. law)? Florida

I am a judgment debtor. I live with my wife in our home and it is jointly titled on both our names and we bought it after our marriage and prior to the filing of this case, using our legally earned income. My wife is not part of this case and we have been married since prior to the date of filing this case (and prior to buying our home). The creditor’s attorney informed me that he will file proceedings supplementary to execution pursuant to Florida Statute 56.29. I knew that the home is exempt from the creditor because it is protected by tenancy by entirety and also by homestead.

We have personal items such as sofa, TV, beds, tables, chairs, etc. in the home and we bought them, using our legally earned money, long before filing of the case that I lost. What about the exemption of these personal items?

In addition, my wife has her own person items such as computer and book shelves that she brought using her own money. These items are also in our home. Are these personal items of my wife are fully exempt from my creditor?

We have 25 years old son lives with us and he is also not part of this case. He has his own personal items such as computer, TV, bed, etc., that he bought using his own money but those items are in our home and he uses them for his own purpose. Are these items of my son fully exempt from my creditor?

Do I need to disclose the personal items of my wife and son during my deposition related to proceedings supplementary?

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

I am a judgment debtor. I live with my wife in our home and it is jointly titled on both our names and we bought it after our marriage and prior to the filing of this case, using our legally earned income. My wife is not part of this case and we have been married since prior to the date of filing this case (and prior to buying our home). The creditor’s attorney informed me that he will file proceedings supplementary to execution pursuant to Florida Statute 56.29. I knew that the home is exempt from the creditor because it is protected by tenancy by entirety and also by homestead.

We have personal items such as sofa, TV, beds, tables, chairs, etc. in the home and we bought them, using our legally earned money, long before filing of the case that I lost. What about the exemption of these personal items?

In addition, my wife has her own person items such as computer and book shelves that she brought using her own money. These items are also in our home. Are these personal items of my wife are fully exempt from my creditor?

We have 25 years old son lives with us and he is also not part of this case. He has his own personal items such as computer, TV, bed, etc., that he bought using his own money but those items are in our home and he uses them for his own purpose. Are these items of my son fully exempt from my creditor?

Do I need to disclose the personal items of my wife and son during my deposition related to proceedings supplementary?

A judgment creditor would rarely have any interest in home furnishing or other personal type possessions. They could not get enough money from selling those items to make it worth their while to deal with them.

 

[adjusterjack]

I agree with Ldij that it's unlikely that the lawyer will go after household goods. But here are some answers just in case.

The creditor’s attorney informed me that he will file proceedings supplementary to execution pursuant to Florida Statute 56.29.

"Will file"?

Well, until he DOES file, and you are served with the notice, you are free to ignore him or you can succumb to the threat and pay up.

Meantime, I suggest you read section 56.29 so you can be prepared in case it does happen.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0056/Sections/0056.29.html

We have personal items such as sofa, TV, beds, tables, chairs, etc. in the home and we bought them, using our legally earned money, long before filing of the case that I lost. What about the exemption of these personal items?

There are some exemptions. You'll find them in Chapter 222. Read all of it.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/0222ContentsIndex.html&StatuteYear=2016&Title=->2016->Chapter 222

In addition, my wife has her own person items such as computer and book shelves that she brought using her own money. These items are also in our home. Are these personal items of my wife are fully exempt from my creditor?

Depends on what you mean by her own money.

But my guess is that everything you own is as much yours as it is hers unless she has documentary evidence of something being her sole and separate property.

We have 25 years old son lives with us and he is also not part of this case. He has his own personal items such as computer, TV, bed, etc., that he bought using his own money but those items are in our home and he uses them for his own purpose. Are these items of my son fully exempt from my creditor?

Yes. But he'd better be able to prove ownership with purchase receipts.

Do I need to disclose the personal items of my wife and son during my deposition related to proceedings supplementary?

Not your son's property.

As for any other property, read the statutes so you can be prepared for the deposition when it occurs.

 

[donjim]

Thanks for the valuable information.

If there is any issue on tenancy by entirety ownership of personal property or any joint property with my wife arise, does the creditor has the burden to prove by a preponderance of evidence pursuant to Fla. Statute § 90.304 that such a tenancy did not exist?

By the way, I just found the following on this.

HAGIN v. HAGIN 353 So.2d 949 (Fla. Dist. Ct. App. 1978)
“By its very nature, this type of personalty [household goods and furnishings] is owned by the husband and wife during marriage as tenants by the entireties, even though there generally is no written evidence of title.”

Is this case law enough to claim that the personal items I and my wife have in our house are protected by tenants by the entireties? Are there any case laws or statutes which may contradict this?