Homestead Exemption

Can Married Couple Claim And Protect Two Separate Florida Homestead Properties?

Can a married couple have two separate exempt Florida homesteads? I frequently hear this question from married couples trying to protect two homes from their joint creditors under Florida’s Constitutional homestead exemption, where each spouse owns individually one of the two homes. When only one spouse is a concerned debtor, then…

Are Mobile Homes On Rented Lots Entitled To Homestead Creditor Protection?

I get asked from time to time whether a debtor’s mobile home which he occupies and maintains on a rented mobile home lot qualifies as exempt Florida homestead. The answer is “yes” and “no.” Mobile homes are not protected from creditors under Florida’s constitutional homestead protection when the debtors do…

Homestead Protection Of Florida Property Owned By Irrevocable Trust

There have been several court decisions in the past few years confirming homestead exemption of debtor’s primary residences owned in the debtor’s testamentary living trust. The Florida Constitution gives homestead protection to “natural persons, ” and the courts addressed the issue of whether a living trust is a “natural person”…

Does Homestead Exemption Apply To Child’s Remainder Interest When Parent Retains Life Estate In Parent’s House?

Often, parents will put their children on titled to their Florida homestead to facilitate title transfer upon the parent’s death as part of “do it yourself” estate plan. Sometimes the parents add children on the title as joint tenants with rights of survivorship.