Florida Constitution does not require owner claiming homestead exemption reside in property if family resides in home. ( Probate, Will, Trust, Decedent, Real Estate, Attorney, Lawyer, Cape Coral, Fort Myers, Bonita, Lee, Collier, Florida )
Beltran v. Kalb, 2011 WL 904244, 36 Fla. L. Weekly D551 (Fla. 3rd DCA 2011)
Ex-husband remained title holder to property after the divorce and moving out. He never quit-claimed his interest to his ex-wife and therefore, remained a tenant in common. The court found that the property was not abandoned due to ex-husband’s daughter, who he supported financially, resided in the property. In order to show abandonment of homestead protection, it must be shown that both the owner and the owner’s family abandoned the property.
Case Impression: The case would not likely have the same result if he had deeded the property to his ex-wife.
