Monthly Archives: December 2012

Florida Homestead: Did I Abandon My Homestead Protections Allowing Attachment By Creditors?

Homestead Abandonment

 

Homestead is one of the greatest benefits of being a Florida resident.  Article X, Section 4 of the Florida Constitution affords three benefits of homestead status:

 

1. Exemption from taxes

2. Protection from forced sale or attachment by creditors

3. Restriction on alienation and devise.

 

Homestead status is established when a natural person intends to make and actually maintains the real estate as the principal residence.  A homestead is “abandoned” by taking up permanent residence at a distant place.  The issue is what constitutes abandonment in between these two extremes.

 

Not Abandonment:

One year absence from property to cope with divorce.

Temporary absence and renting the homestead if no other property is owned.

Husband and wife living in a farm house in a different county than homestead during harvest season.

 

Abandonment:

Owner is absent, allows driver’s license to expire, obtains license and registers to vote in another county.

 

Bottom Line:  contact your attorney before leaving home!

 

Jennifer Neilson

NEILSON LAW, PA

 

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