If Someone Sues You, Can They Take Your House?

A judgment creditor cannot take your house in Florida if the property qualifies as your homestead. Florida’s homestead exemption protects a debtor’s primary residence from forced sale to satisfy a civil money judgment, regardless of the home’s value. A home worth $5 million receives the same protection as a home worth $200,000.

The protection applies only to your primary residence. Investment properties, vacation homes, and rental properties are fully exposed to judgment collection.

What the Homestead Exemption Protects

Florida’s homestead exemption under Article X, Section 4 of the Florida Constitution shields a debtor’s primary residence from execution by judgment creditors. The protection is unlimited in value but subject to size restrictions. Property within a municipality is protected up to one-half acre. Property outside a municipality is protected up to 160 contiguous acres.

The property must meet three requirements to qualify. The debtor must own or hold a beneficial interest in the property. The debtor must physically reside in the property. The debtor must intend for the property to serve as a permanent, lawful residence. A property that the debtor plans to make a homestead in the future does not qualify until the debtor actually moves in with the intent to remain.

Improvements to the property are fully protected. A debtor who purchases a home for $400,000 and renovates it to a value of $1 million retains the full exemption on the improved value. The exemption also extends to fixtures permanently attached to the property.

Judgment Liens on Homestead Property

A judgment creditor can record a certified copy of the judgment in the county where the homestead is located, but the resulting lien has no practical effect as long as the property retains its homestead status. The creditor cannot foreclose on the lien, force a sale, or interfere with the debtor’s use of the property.

The lien becomes relevant only if the property loses its homestead protection. If the debtor moves out permanently, rents the property to a third party, or otherwise abandons the homestead, the recorded judgment lien attaches and the creditor can then pursue foreclosure of the lien against the now-unprotected property.

A debtor who plans to sell a homestead and move can use the Notice of Homestead Sale process under Florida Statute § 222.01 to sell the property free of judgment liens. The sale proceeds remain exempt from creditor claims as long as the debtor demonstrates an intent to reinvest the funds in a new Florida homestead within a reasonable time. The debtor should keep the proceeds in a separate account and avoid commingling them with other funds to preserve the exemption.

When Creditors Can Take Your House

The homestead exemption does not protect against every type of claim. Several categories of creditors can force the sale of homestead property.

A mortgage lender can foreclose if the debtor defaults on the mortgage. The homestead exemption does not override a voluntary mortgage lien that the debtor signed when purchasing or refinancing the home. This applies to both purchase money mortgages and home equity lines of credit where the debtor pledged the property as collateral.

A contractor or materialman who performs work on the property can record a mechanics lien and foreclose under Florida’s Construction Lien Law if the debtor fails to pay. The lien must comply with strict notice and filing requirements to be enforceable against homestead.

A homeowners association or condominium association can foreclose its lien for unpaid assessments. Florida statutes give associations a statutory lien that attaches to the property regardless of homestead status.

Property tax liens take priority over the homestead exemption. The county tax collector can sell a tax certificate on the property for unpaid real estate taxes, and the certificate holder can eventually force a tax deed sale.

The IRS can place a federal tax lien on homestead property and, in some cases, force a sale to satisfy the debtor’s federal tax obligations. Federal tax liens are not subject to state homestead exemptions.

Non-Homestead Real Estate

The homestead exemption protects only the debtor’s primary residence. All other real property owned by the debtor is fully exposed to judgment collection. A creditor who records a certified copy of the judgment creates a lien on the debtor’s non-homestead real estate in that county. The creditor can then foreclose the lien and force a sale of the property.

Vulnerable property includes second homes, vacation properties, vacant land, commercial real estate, and rental properties. A debtor who owns both a homestead and an investment property should understand that the investment property can be seized even though the primary residence cannot.

Real estate held as tenants by the entireties between married spouses receives separate protection. A creditor with a judgment against only one spouse cannot reach entireties property regardless of whether the property is homestead.

Buying a Home After a Judgment

A debtor can purchase a new Florida homestead after a judgment is entered, and the new property receives full homestead protection. The Florida Supreme Court has held that acquiring a homestead with the intent to protect the property from a creditor does not constitute a fraudulent conveyance. The debtor may use non-exempt funds to purchase the home, and the creditor cannot reverse the transaction.

This rule does not apply in federal bankruptcy. Under the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), a debtor who acquired a homestead within the 1,215 days (approximately 40 months) before filing for bankruptcy faces a cap on the homestead exemption. The cap limits the exemption to $189,050 (as adjusted periodically) for value attributable to property acquired during that period, unless the debtor rolled over proceeds from a prior homestead in the same state.

Protecting Your Home Before a Lawsuit

The homestead exemption is automatic for qualifying property. A debtor does not need to file any paperwork or make any legal declaration to claim the protection. As long as the three requirements are met—ownership, residency, and intent—the exemption applies.

A debtor who owns a home and faces potential litigation should confirm that the property’s use and titling are consistent with homestead status. Living in the property as a primary residence, maintaining it as a mailing address, and claiming the homestead tax exemption with the county property appraiser all reinforce the homestead claim. A debtor who splits time between multiple properties should establish one as the clear primary residence to avoid disputes over which property qualifies.