Florida Supreme Court: A Joint Spousal Account Can Be Protected Even If One Spouse Opened It

Married couples in Florida often hear that money held jointly with a spouse is protected from creditors of only one spouse. On December 11, 2025, the Florida Supreme Court clarified an important detail of that protection in Loumpos v. Bank One, holding that a joint spousal bank account can be owned as a tenancy by the entireties even if only one spouse originally opened it ¹. For anyone facing a judgment, a garnishment or a possible bankruptcy, the decision is worth understanding.

What Happened in the Case

A creditor obtained a default judgment against a woman who later married ². After the marriage, her husband opened a bank account solely in his name ². Some months later, both spouses signed new signature cards designating the account as owned as a “tenancy by the entireties” ². Only the husband’s wages were deposited into the account ².

When the judgment creditor tried to garnish the account, the wife claimed it was exempt because the debt was hers alone ². The trial court rejected the exemption, reasoning that because one spouse opened the account first, two of the traditional requirements for an entireties account were missing ². The Second District Court of Appeal affirmed and certified conflict with the Fourth District’s decision in Versace v. Uruven, LLC, which had found a similar account exempt ¹.

The Six Unities and the 2008 Statute

Under the common law, a tenancy by the entireties generally requires six “unities,” including the unities of time and title, meaning the spouses’ interests began at the same time and in the same instrument ¹. Under longstanding Florida law, only the creditors of both the husband and wife, jointly, may reach entireties property ¹.

The Court explained that its 2001 decision in Beal Bank, SSB v. Almand & Associates did not eliminate the time and title requirements ¹. Instead, the Court looked to a 2008 amendment to section 655.79(1), Florida Statutes. It concluded that the amendment established a presumption in favor of a tenancy by the entireties for spousal accounts that is not defeated by the absence of the unities of time and title ¹. The statute allows a creditor to rebut that presumption in limited ways: by showing fraud or undue influence, or by clear and convincing evidence that the spouses intended something else ¹.

The holding is direct: under section 655.79, a bank account shared by spouses can qualify as a tenancy by the entireties even when only one spouse opened it at the start ¹. The Court quashed the Second District’s decision and approved Versace to the extent it is consistent with the opinion ¹. As issued, the opinion was not final until the time to file a rehearing motion expired and any such motion was resolved ¹.

Why This Matters in South Florida

The question had divided courts, including the bankruptcy court in Miami. The Supreme Court’s opinion noted that the U.S. Bankruptcy Court for the Southern District of Florida, in In re Benzaquen (2016), had concluded that the 2008 statutory language did not change the six-unity requirement ¹. The Supreme Court’s reading of the statute now resolves the issue as a matter of Florida law.

For married individuals dealing with debt, a few practical points follow:

• Account paperwork matters. The outcome turned on signature cards that expressly designated tenancy by the entireties ownership ². Spouses should know how each account is titled.
• The protection is not unlimited. Entireties protection applies against creditors of one spouse, not creditors of both spouses jointly ¹. Joint credit cards, co-signed loans and other shared obligations are a different matter.
• Timing and intent can be challenged. Because the statutory presumption can be overcome by proof of fraud or clear and convincing evidence of contrary intent ¹, last-minute changes made to avoid a creditor may draw scrutiny.

Where Bankruptcy Fits

How property is owned often affects what a person keeps when debts are resolved, whether through negotiation, a garnishment hearing or a Chapter 7 or Chapter 13 case. An individual facing a judgment from a single-spouse debt should review how household accounts and assets are titled before making decisions, and should not move money between accounts without advice.

Anyone in South Florida facing a garnishment or weighing bankruptcy can request a confidential consultation with The Roca Law Firm, in English or Spanish.