Homestead Exemption

Can Illegal Immigrants Possible Get Homestead Protection?

Illegal immigration is in the news in 2018, including legal status of adults and their minor children. Florida courts have considered immigration status in the context of Florida homestead protection. The Supreme Court said in 1963 that only legal Florida residents can own a protected Florida homestead property. The reasoning…

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Medicaid and the Florida Homestead Exemption

The Florida homestead exemption is Florida’s best known asset protection law. The exemption becomes more complicated, and more limiting, when it interacts with certain provisions of federal law. One example is federal tax law pursuant to which the IRS may place a lien on a taxpayer’s homestead to collect taxes….

Exemption of Homestead Proceeds Invested In A Brokerage Account

The concept of an exempt “homestead account” is a well-settled legal concept in Florida. It holds that proceeds from the sale of a homestead remain exempt after deposit in a bank account for a reasonable time while the owner is searching for a new homestead. Most people concerned with protecting…

Non-Debtor Spouse’s Independent Right To Assert Homestead Exemption Against Debtor’s Spouse’s Creditors

One of my married clients purchased a Florida homestead in his own name, and then he transferred the house to his LLC. A creditor obtained a judgment against the client, but the creditor did not seek a judgment against the wife. He asked me for my opinion about whether the…

Florida’s Constitutional Homestead Clause Does Not Prevent Partition Among Co-Owners

  A client lives in a Florida homestead which se owns jointly with a former girlfriend who has since moved to New York. Ownership on the deed is 2/3 to my client and 1/3 to his ex-girlfriend as tenants in common. My client has been paying the mortgage and taxes…

Differences Between HOA Liens and Condo Association Liens on Homestead Property

A reader sent me a question about liens on homestead properties in favor of condominium associations compared to liens in favor of homeowner associations in a single family house community. Condo associations and HOAs can place a lien on a homestead for non-payment of dues or unpaid assessments. The reader…

Bankruptcy Law Treatment of Homestead Purchased in Debtor’s Living Trust

One of my clients had purchased a Florida homestead for all cash about five years ago, and he was now contemplating filing Chapter 7 bankruptcy. He asked me whether it made a difference that he took title to his homestead in a revocable living trust instead of his own name….

Foreclosure of Equitable Lien on Florida Homestead

The Florida Supreme Court established in the Havoco case that  equitable liens are  an exemption from Florida’s homestead protection. A judgment creditor may be entitled to an equitable lien on the homestead for the amount of money obtained by fraud or other egregious actions a judgment and subsequently used to…