homestead

Question 1

Homestead Property Generally

Answer 1

Inside a Municipality: 1/2 acre contiguous land

Outside a Municipality: 160 acre contiguous land

*Contiguous means together, cannot be separated and aggregated

**Can only have one-natural person’s primary residence

Question 2

Homestead Exemption from Forced Sale

Answer 2

As defined in Article 10 section 4 of the Florida Constitution, “there shall be exempt from forced sale, and no judgment, decree, or execution shall be a lien thereon except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement, or repair thereof, or obligations contracted for the house, field, or other labor performed on the realty the following property owned by a natural person.”

**You are protected against being forced to sell your homestead/domicile with few exceptions

Question 3

Exceptions to Protections Against Forced Sale of Homestead

Answer 3

Article 10 Section 4 of the Florida Constitution protects Homestead property from being forced to be sold to repay judgments or decrees except for certain circumstances.

This protection does not apply to the following situations:

(1) taxes and assessments on the property (can be forced to pay taxes even if it means selling homestead)
(2) Mortgages
(3) Construction/mechanics liens
(4) Protection does not apply at all to organizations/corporations
(5) Protection does not apply if a person establishes a Homestead for the purpose of avoiding a creditor. Only Homesteads in existence before levies are established against the person
(6) Protection against forced sale no longer applies if you abandon your homestead

Question 4

Abandonment (Abandoning Homestead)

Answer 4

If you abandon your homestead, then it is no longer protected against forced sale.
Abandonment has to be shown by creditor.
Abandonment can probably be shown if you lease property to someone else for more than a year (with the exception of military members on deployment).

Question 5

Selling Homestead

Answer 5

One who sells his or her homestead must do so with the intent to invest it in another homestead.

Question 6

Restraint on Devise (Homestead)

Answer 6

Restraints on property only apply to solely owned property. Any property owned by two spouses as tenants by the entirety is not subject to such restraints. When one spouse dies, the other spouse automatically gets the whole property through rights of survivorship (in a tenants by the entirety situation).

-In the case that the property is solely owned by an intestate decedent, then the homestead property passes through the laws of intestacy. A life estate is passed to surviving spouse, if any, then to lineal descendants who have a vested remainder in fee simple.

• If a spouse or minor child survives the owner, the homestead cannot be devised.
• Exceptions apply when no minor children or spouse or both survive.

Question 7

Exceptions to Restraints on Devise

Answer 7

• If a minor child survive, then the homestead may be devised to spouse
• If no minor children or spouse survives, then it can be devised via will to someone else
• surviving spouse my elect to take 1/2 of property interest (by selling property) in lieu of a life estate. It is held by the spouse and lineal descendants as tenants in common split with lineal descendants surviving at the time of the death of the homestead owner and the spouse