A homestead exemption is legal protection afforded to your primary place of residence from forced sale due to creditors.  Florida’s homestead exemption is enshrined in Article VII, Section 6 of the state Constitution, as well as Title XV of the Florida Statutes. 

Who May Claim Homestead Exemption?

• A resident of the state of Florida who intends to make Florida his or her permanent home may claim homestead protection.
• A person with multiple homes can still claim Florida homestead, as long as the Florida home is the “predominant and principal home.”  See Fla. Stat. s. 222.17
• “Greencard” holders who intend to permanently reside in Florida may claim homestead protection.
• Official recordation is not strictly necessary: homeowners who have never recorded a statement with the court describing the homestead property may still claim homestead protection from forced sale, although homeowners may also record such a statement to reap other benefits (such as homestead tax benefits).

Who Cannot Claim Homestead Exemption?

• Persons who are not permanent U.S. residents or otherwise able to form the intent to reside permanently in the U.S. 
• Pending applications for permanent U.S. residency do not permit homestead protection.

What is Protected as Homestead?

• Florida’s homestead exemption protects your home as long as it is no more than .5 acre within a municipality or 160 acres outside of a municipality. 
• It does not apply to commercial real estate, investment property that you are renting out, or second homes.

The Homestead Exemption DOES NOT Protect Against The Following:

• Florida’s state and local government trying to satisfy past due property taxes;
• Creditors of a mortgage on the home;  and
• Mechanics who have done repair or improvement work on the home and are owed money.

The IRS may attempt to foreclose on your home for past due federal taxes as well.

This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.

By Elizabeth Lee Beck, Esq.  Ms. Beck has her law degree from Yale Law School, and is co-managing partner of Beck & Lee Business Trial Lawyers.  She can be reached at 305-789-0072 or elizabeth@beckandlee.com

Beck & Lee Business Trial Lawyers is a business litigation law firm located in Miami, Florida.