Is Homestead Protection Lost During Reconstruction?

What happens to homestead protection if a Florida debtor moves out of their home and then demolishes the entire structure?

The answer is that the debtor should retain the homestead protection. However, each case is unique, and the answer may be different depending on certain facts.

Courts have often refused homestead protection to a property while the owner is building a residence on a vacant lot prior to the time when the completed home is livable and the debtor actually occupies the house.

On the other hand, courts have also extended homestead protection when an owner temporarily moves out of their homestead with the intent to one day return to the home as a permanent residence.

For example, if you move out in order to remodel the home or renovate the home and live temporarily nearby during construction, you can still keep homestead protection.

Jon Alper

About the Author

I’m a nationally recognized attorney specializing in asset protection planning. I graduated with honors from the University of Florida Law School and have practiced law for almost 50 years.

I have been recognized as a legal expert by media outlets such as the New York Times and the Wall Street Journal. I have helped thousands of clients protect their assets from creditors.