Homestead Exemption Case Law in Florida

We maintain a library of key court decisions on the Florida homestead exemption, in six parts:

• Qualification (73 decisions): actual residence, intent to stay, and the date protection attaches.
• Creditor exceptions and equitable liens (58): the three obligations that can force a sale, and the fraud cases.
• Converting assets into a homestead (31): buying a homestead with non-exempt money, and the bankruptcy caps of §§ 522(o) and 522(p).
• Sale proceeds (44): when the money from a homestead sale keeps the home’s protection.
• Devise and descent (110): the will restrictions, spousal rights, and who inherits the protection.
• Property scope (66): the half-acre and 160-acre limits and what property the exemption covers.

About the Author

Gideon Alper

Gideon Alper specializes in asset protection planning, including Cook Islands trusts, offshore LLCs, and domestic strategies, for individuals facing litigation exposure. He previously served as an attorney with the IRS Office of Chief Counsel in the Large Business and International Division. J.D. with honors from Emory University.

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