Loumpos v. Bank One
A judgment creditor of one spouse sought to garnish a bank account originally opened by the husband alone, to which the wife was added months later on new signature cards designating "Joint Tenants by Entirety." The Second District held that neither Beal Bank nor section 655.79(1), Florida Statutes, abrogated the common law unities (possession, interest, title, time, survivorship, marriage) required to create a tenancy by the entireties, so the account lacking the unities of time and title was garnishable. It affirmed denial of the exemption claim and certified conflict with the Fourth District's decision in Versace v. Uruven, LLC.
Key facts
- Judgment creditor sought to garnish a bank account originally opened by the husband alone, with the wife added months later on new signature cards designated 'Joint Tenants by Entirety.'
- Trial court denied the wife's claim that the account was exempt from garnishment based on tenancy by the entireties designation.
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Why it matters
This creates an express district conflict with the Fourth DCA over whether an express "tenancy by the entireties" designation on a bank signature card alone shields spousal accounts from a single spouse's creditors… — full analysis with a trial
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