Are joint tax refunds protected from creditors in Florida?
There is much confusion as to whether a joint tax refund is treated as tenants-by-the- entireties properties in Florida and thus protected from the creditors of one of the spouses. On August 9, 2013, in a bankruptcy decision, Stevenson v. Uttermohlen, the Eleventh Circuit of the United States Court of Appeals, determined that all unities required to hold property as tenants-by-the-entireties and thus the joint tax refund was exempt from creditors under bankruptcy law and Florida law.
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