I received a call from an attorney in Alabama about his physician client who was interested in declaration of Florida residency and protection under Florida homestead law. The physician owned a house in Florida which he visited occasionally. He had a Florida drivers license, was registered to vote in Florida, and had filed a declaration of domicile in Florida courts. The physician was not licensed to practice medicine in Florida. He and his family lived in a house in Alabama where his children attended school. He worked in Alabama and earned no income working in Florida.
Getting a Florida license and voters card is not sufficient to establish residency if you don’t reside in your Florida property. This physician has only occasional contacts with his Florida property. The facts do not support Florida residency necessary to take advantage of Florida asset protection law. If his family resided in the Florida property and the physician commuted to work in Alabama, there would be a much stronger case for Florida residency and the exemption of his Florida property under Florida homestead laws.