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Home » Homestead Exemption » Homestead Boats

Homestead Boats

ByJon Alper May 31, 2008May 22, 2020

Following a rough divorce up north a man sails his sailboat to Florida, docks the boat, and thereafter lives on the boat . He registers the dock address as his primary residence on his drivers license and in other government registrations. The man wants to know if his boat is protected as a Florida homestead similar to protection afforded mobile homes.

I have written prior blog posts on this interesting issue. Protection of boats under Florida’s homestead laws has been dealt with from time to time by different bankruptcy court judges. The issue is whether the boat in question is more like a “house” situated on real property or is more like a “boat” used for transportation. The consensus ruling is that boats used as a primary residence are protected if they are docketed permanently and are not navigable. If a boat is in condition to travel by water the courts have held that it is not a permanent residence eligible for homestead protection. It makes no difference if the boat is a “houseboat,” or if it powered by motor or wind.

For instance, I recently met a new client who lived on a motorized boat. He said the motor was broken and the boat could move on the water. In my opinion, that boat could qualify as his homestead until such time as the motor was repaired. However, I could also understand a judge ruling that the broken boat did not qualify because it had a motor attached regardless of whether the motor required fixing. Homestead boats will be evaluated on the facts of each situation.

Last updated on May 22, 2020

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Jon Alper

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      • Nevis LLC
      • Offshore Bank Accounts
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      • Bitcoin and Cryptocurrency
      • Deficiency Judgments
      • Fact Information Sheet
      • Head of Household
      • IRS Tax Debt
      • Not Paying Judgments
      • Statute of Limitations
      • Wage Garnishment
      • Writ of Garnishment
    • Wills and Trusts
      • Avoiding Probate
      • Estate Planning
      • Gun Trusts
      • Inheritance Tax
      • Irrevocable Trusts
      • Last Will and Testament
      • Living Trusts
      • Living Will
      • LGBT Estate Planning
      • Power of Attorney
      • Probate
      • Special Needs Trust
      • Trust Administration
    • Bankruptcy
      • Attorney Fees
      • Chapter 7 Bankruptcy
      • Chapter 13 Bankruptcy
      • Dealing With Creditors
      • Involuntary Bankruptcy
      • Moral Issues
      • Orlando Bankruptcy
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