Frequently callers ask me if they have to file something in order to qualify for Florida’s homestead protection against creditors.Some of these questions are probably due to Florida Statute 222.01, Designation of homestead by owner before levy. Subsection 1 of the statute states that a person desiring the benefits of homestead protection may file a statement of homestead with the circuit court. The filing is discretionary and not required to qualify for homestead protection. Filing or no filing, the primary residence of a Florida resident is protected from forced sale. As a practical matter most people do not file a designation of homestead until they try to sell or refinance a house and find a judgment lien on the title report. In that case, subsection 2 of the same statute provides a procedure to remove the judgment lien from the title report.
Last updated on May 22, 2020