About the Author: Jon Alper is a nationally recognized expert in Florida asset protection and has been practicing law for over 50 years. He graduated with honors from the University of Florida Law School and holds a master’s degree from Harvard University.

The Florida constitution exempts a person’s primary residence from forced sale to satisfy a judgment debt.

Can you exempt as homestead a commercial building with a second-floor apartment used as your primary residence?

Under Florida law, the answer is that you can only exempt part of the commercial property.

When a debtor resides in a building used for residential and commercial purposes, the creditor can force the sale of the entire property. The court must apportion the net proceeds between the homestead and non-homestead portion rather than declare the building to be entirely homestead or entirely non-homestead.