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
