What is the name of your state? Florida
I am facing a lawsuit from my ex-colleague. I have small job and my husband has no income. We have a small rental property which is tenancy by entirety (TBE) and it was purchased years before the lawsuit was filed therefore it is immune from the creditor, if I lose the case. We receive few hundred dollars rent monthly from that TBE property. The law says that the rent from that TBE property is also TBE, Passalino v. Protective 886 So. 2d 295, 297 (Fl. 4th DCA 2004). After the lawsuit, I and my husband opened a TBE bank account and depositing that rent check into that TBE bank account. Nothing else is getting deposited into that TBE bank account.
For the rental TBE property, we need to pay: property tax to county, property insurance to a private insurance company, and sales tax on the rent (the monthly sales tax is included in the monthly rent check we receive, and we deposit that check in TBE bank account, as mentioned above). I deposit my salary into a personal bank account opened on my name only.
If I pay the property tax to county, property insurance to a private insurance company, and sales tax on the rent, for the TBE rental property, from my personal bank account (not from the TBE bank account) will it be counted as fraudulent transfer in case I lose the case?
Can we transfer the money in that TBE bank account to our friend or someone else without any future problems from fraudulent transfer claims in case I lose the case?
I am facing a lawsuit from my ex-colleague. I have small job and my husband has no income. We have a small rental property which is tenancy by entirety (TBE) and it was purchased years before the lawsuit was filed therefore it is immune from the creditor, if I lose the case. We receive few hundred dollars rent monthly from that TBE property. The law says that the rent from that TBE property is also TBE, Passalino v. Protective 886 So. 2d 295, 297 (Fl. 4th DCA 2004). After the lawsuit, I and my husband opened a TBE bank account and depositing that rent check into that TBE bank account. Nothing else is getting deposited into that TBE bank account.
For the rental TBE property, we need to pay: property tax to county, property insurance to a private insurance company, and sales tax on the rent (the monthly sales tax is included in the monthly rent check we receive, and we deposit that check in TBE bank account, as mentioned above). I deposit my salary into a personal bank account opened on my name only.
If I pay the property tax to county, property insurance to a private insurance company, and sales tax on the rent, for the TBE rental property, from my personal bank account (not from the TBE bank account) will it be counted as fraudulent transfer in case I lose the case?
Can we transfer the money in that TBE bank account to our friend or someone else without any future problems from fraudulent transfer claims in case I lose the case?
