Affidavits For Florida Asset Protection

A reader was confused about the various affidavits that debtors may need to file in Florida such as the homestead affidavit, head of household affidavit, and affidavits of domicileA homestead affidavit may be required to qualify for the homestead tax exemption. The homestead affidavit must be filed after you move into your residence prior to January 1 because real estate taxes are based on January 1 tax value and homestead status. That affidavit is not required for homestead asset protection.

Your Florida homestead is protected as long as you own and reside in the property as your primary residence regardless of filing affidavits. The affidavit for domicile is provided under Florida statutes to give notice of Florida residency. This affidavit is neither necessary nor determinate.  Filing an affidavit of domicile does not make you a Florida resident if Florida is not actually your primary home. The affidavit of domicile can be filed at any time.

A head of household affidavit is filed as a defense to wage garnishment. Wages of a head of household cannot be garnished under Florida statutes. This affidavit is not filed until after a creditor has served a writ of garnishment on your employer. The debtor may have to prove facts that support head of household status.

Page last updated on May 22, 2020

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