84 So. 3d 1154
Fla. Dist. Ct. App.2012Background
- Trial court granted summary judgment domestication of foreign judgment but denied lien on Florida real property held by husband and wife as an estate by the entireties.
- Judgment creditor Bridgeview sought to rebut a presumption that the property is held as tenancy by the entireties; trial court held no such rebuttal.
- Conveyance to Daniel and Milea in 2004 created an estate by the entireties; no express language showing contrary intent.
- Daniel attempted a 2008 quit-claim transfer to Milea (as trustee) without Milea’s joining; signature disputed by Milea and Daniel’s actions questioned as estate-planning.
- Bridgeview later obtained a 2010 domestic judgment; sought to avoid Daniel’s transfer to Milea’s trust under the Fraudulent Transfer Act.
- Florida Supreme Court precedent holds Beal Bank’s rebuttable presumption applies to personal property, not real property; Losey governs real-property presumptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Beal Bank rebuttable presumption apply to real property? | Beal creates a rebuttable presumption for accounts. | Beal’s presumption does not apply to real property. | Beal does not govern real property; real-property presumption remains non-rebuttable. |
| Did the 2004 conveyance create a tenancy by the entireties with no contrary intent language? | Conveyance to Daniel and Milea as husband and wife creates tenancy by entirety. | Beal-type presumptions could rebut intent to create entireties. | Conveyance created an estate by the entireties; no express contrary-intent language. |
| Does the 2008 ineffective quit-claim deed negate the entireties estate? | Ineffective quit-claim could show lack of intent to hold as entireties. | One spouse may convey to the other without joinder; deed does not defeat entireties. | One-spouse conveyance without joinder does not defeat the tenancy by the entireties. |
Key Cases Cited
- Beal Bank, SSB v. Almand and Assocs., 780 So.2d 45 (Fla. 2001) (rebuttable presumption for personal property; burden-shifting, not real-property rule)
- Losey v. Losey, 221 So.2d 417 (Fla. 1969) (estate by the entirety presumed from conveyance to spouses; presumption non-rebuttable for real property)
- First Nat. Bank of Leesburg v. Hector Supply Co., 254 So.2d 777 (Fla. 1971) (conveyance to spouses creates an estate by the entirety absent express contrary language)
- In re Suggs’ Estate, 405 So.2d 1360 (Fla. 5th DCA 1981) (approval of the tenancy by entirety concept in context cited by Beal)
- English v. English, 63 So. 822 (1913) (early articulation of the tenancy by entirety through conveyance to spouses)
- Hunt v. Covington, 200 So. 76 (Fla. 1941) (one spouse may convey to the other without joinder)
- Ohio Butterine Co. v. Hargrave, 84 So. 376 (Fla. 1920) (creditor’s rights constrained where property is held in an estate by the entireties)