Homestead Proceeds Invested In Marketable Securities May Be An Exempt “Homestead Account.”

The concept of a “homestead account” is well established in Florida. Proceeds from the sale of a Florida homestead property remain exempt for a reasonable time while the homeowner searches for a replacement homestead. The homestead account most often refers to a separate bank account where the owner deposits the sale proceeds. Is protection lost…

Homestead Exemption and Specific Performance For Breach of Sales Contract

A caller stated that he defaulted on a contract to sell his homestead. The contract buyer sued him for specific performance seeking a court order against the seller to complete the sale. The seller asked me if the Florida homestead protection applies to the specific performance suit. The seller tells me that he read that…

Fraudulent Conversion of Money To Homestead in Chapter 7 Bankruptcy

Bankruptcy is very hard on wealthy debtors. In a Florida Chapter 7 bankruptcy case decided last month (March) a bankruptcy court applied the 10 year look-back provided for in Section 522 of the U.S.  Bankruptcy Code to deny a homestead exemption because the court found that the home was purchased with the intent to defraud…

How To Organize a Business Conducted on Florida Homestead Property

A client wants to operate a software business on his Florida homestead property located outside a municipality. He is concerned about asset protection. He wants to build a separate building on the property, near his house, to use as an office. He wants to know whether he should create an LLC to own the business…