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.
About the Author
Jon Alper is a nationally recognized authority on offshore trusts and asset protection. With over 50 years of legal experience, Jon specializes in structuring Cook Islands trusts, Nevis LLCs, and Florida asset protection strategies. A Harvard University Master’s graduate and University of Florida Law honors alum, Jon has advised thousands of physicians, business owners, and their families on safeguarding their savings. He is known for creating legal structures that are practical, cost-effective, and effective at resolving aggressive litigation.
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