If you have a homestead inside a municipality, you may think to segreate a half-acre of the parcel to make it comply with Florida law’s 1/2 acre limit of protected homestead.
The answer is no. You cannot subdivide the parcels to protect them. When you own more than ½ acre in a municipality, the homestead protection is pro-rata as to the entire property. The Constitutional homestead protects a proportion of the total value rather than a proportion of the underlying real estate.
However, if you convey the amount over 1/2 acre to a family partnership, I think a court would hold that same protection proportions applied to the transfer.
A creditor could challenge the transfer as a fraudulent conveyance of whatever was transferred out of the debtor’s name.
