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How a judgment can be enforced on a joint marital bank or any joint account depends upon how the account is identified. The status of such will be noted in the original application for opening an account at the specified financial institution.

In Florida bank accounts (savings and checking) belonging to a married couple are considered by default as held as Tenancy By The Entirety. This means both spouses are sole owners of the funds and one may do whatever they choose with such without the permission of the other spouse. It aslo means that if one spouse is the named judgment debtor the account cannot be levied by a judgment creditor.

Please note, having such protection is automatic under banking law, but the account holder is responsible for notifying the court and supplying required documentation of the account(s) exemption from judgment attachment.

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Q: Who is considered the head of household regarding garnishment of a joint checking account shared by husband and wife in the State of Florida.?
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