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Home » Homestead Exemption » Minor Children Win Homestead Exemption For Non-Resident Parents

Minor Children Win Homestead Exemption For Non-Resident Parents

ByJon Alper June 12, 2013May 22, 2020

People who are not permanent U.S. residents cannot claim Florida homestead exemption. Citizens of other countries residing in Florida need at least a “green card” in order to qualify for homestead protection. Does it make any difference if the foreign residents live in the house with dependents who are legal U.S. citizens?

The Florida Supreme Court considered the case of a husband and wife who were citizens of Honduras and residing legally in the U.S. with a temporary visa. The couple could not claim Florida homestead because they had no permanent residency in the U.S. The couple, however, lived in their Florida condominium with their minor children. The children were, unlike their parents, citizens of the United States and Florida. The evidence showed that the children intended to permanently live in the property.

The Supreme Court said the couple could claim homestead for purposes of the property tax deduction under Section 194.011(3) of the Florida Statutes. Homestead status would also exempt the condominium from creditors. The Court reasoned that the homestead laws are designed to benefit both the owner and the owner’s family. The property owners can claim homestead if their children dependents could qualify as permanent residents of the property.

Last updated on May 22, 2020

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Jon Alper

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      • Head of Household
      • IRS Tax Debt
      • Not Paying Judgments
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      • Wage Garnishment
      • Writ of Garnishment
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      • 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
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      • Chapter 7 Bankruptcy
      • Chapter 13 Bankruptcy
      • Dealing With Creditors
      • Involuntary Bankruptcy
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