Homestead Exemption

Homestead Questions: Size Within City And Ownership Period For Bankruptcy

A client asked me two homestead questions which questions I have previously heard from other clients or email inquiries. This client owned a homestead with significant equity within a municipality. Homestead properties within a city up to ½ acre in lot size are protected under the Florida Constitution.

Homestead Protection Of Parent’s Home Occupied By Child With Homestead Tax Exemption

An attorney called me to discuss whether a debtor could protect as a Florida  homestead a house they owned which was occupied by their children. The case involved a divorced woman (the client) which children and her mother. The client and her mother each owned and occupied a Florida home.

Fraud Exception To Florida Homestead Protection

The Florida Constitution includes three specific exceptions to homestead protection: consensual liens (mortgages); taxes and assessments (homeowners associations) and debts for improvement (mechanics liens). There is an important fourth exception to homestead protection established not in the Constitution but through a history of court decisions. The fourth exception is the…