Florida Homestead Law

According to New America, approximately 15 million Americans lose their homes every year. While some homes are destroyed by hurricanes and other extreme weather events, others are swept away by creditors. Fortunately, Florida offers more protection against this threat than some other states. 

The Florida homestead law prevents creditors from taking away your shelter, and it is a powerful piece of legislation that every resident of the Sunshine State should be aware of. The Florida homestead law intersects with bankruptcy law, estate planning, and even tax planning. 

To learn more about these advantages and how to use the homestead law to protect your assets, book a consultation with the William C. Roof Law Group today. 

The Florida homestead law is part of the Florida Constitution. Article X, Section 4 clearly states if you have a homestead in Florida, you are exempt from “forced sales.” In other words, your creditors cannot force you to sell your primary residence if you declare bankruptcy, face lawsuits, or fall behind on certain payments. 

The Florida homestead law ensures that homeowners in the Sunshine State always have a roof over their heads, and it can even protect them against excessive property taxes.

The word “homestead” is another word for “primary residence” – the home in which you have permanent residence or reside for the majority of each year. Perhaps the most notable requirement is ownership, and your name must be on the title of the homestead. This means that if you rent the property, it is not a homestead. 

Aside from these basic qualifications, Florida defines homesteads in very broad terms with few restrictions. A homestead could be a detached home, condo, townhouse, trailer, houseboat, ranch, or farm. If you live outside of a recognized municipality, you can claim up to 160 acres under the homestead exemption. If you live in a municipality, however, you can only claim a half-acre plot. 

The most important thing to remember is that there is no upper limit on the net assessed value of your homestead. Even if your home is worth tens of millions of dollars, you can claim the homestead exemption. Note that this is somewhat unusual in the United States, as many other states have very strict financial restrictions in this regard. For example, California only provides its residents with a homestead exemption of up to $75,000. 

Perhaps the most notable exception to Florida homestead law involves mortgages. While the homestead exemption protects you against most creditors, it will not stop foreclosure if you default on your mortgage. This is because homeowners are obligated to fulfill the “contract” of a mortgage. Any other obligations contracted for the home fall into this category – including liens for certain taxes, repair work, or renovation of the property. 

In general, the Florida homestead exemption does not apply if you voluntarily use your homestead as a security for a debt. When you obtain a mortgage, you sign a contract acknowledging that the bank can take possession of your property if you default. 

The Florida homestead exemption offers numerous advantages:

As discussed above, creditors cannot force you to sell your home in Florida to satisfy your unpaid debts. Aside from a few exceptions, this applies to virtually every type of debt imaginable. Even if you owe millions of dollars, you could theoretically continue to live in your home without ever losing it, as long as you’re paying your mortgage. 

This is sometimes referred to as the “mansion loophole,” due to a few notorious examples of debtors moving to Florida and buying extravagant homes to shield their assets. 

Perhaps most importantly, you could declare bankruptcy and eliminate these debts without risking the loss of your primary residence. Without the homestead exemption, a creditor could theoretically get a court judgment forcing you to sell your home – and this process would be similar to a mortgage foreclosure. 

The Florida homestead law also applies to civil litigation. For example, you might be sued for causing a car accident. You may have injured another driver while acting recklessly. The homestead exemption prevents injured parties from taking away your home to pay for their damages. Although you might be required to liquidate other assets to pay a settlement or judgment, your primary residence will not be vulnerable in this situation. 

In addition, the Florida homestead exemption has the potential to reduce your taxes. When calculating your property taxes, authorities cannot increase your home’s value by more than three percent each year. For example, your home might increase in value by 10 percent each year over a five-year period. Assuming you purchased your homestead for $100,000, its market value would be $150,000 at the end of this period. However, tax authorities can only base their property tax calculations on an increase of three percent each year – resulting in a taxable value of only $115,000. This can drastically reduce property taxes over the decades, and it is especially helpful for retirees overwhelmed by rampant inflation. 

Finally, the Florida homestead law reduces your home’s value by up to $50,000 for property tax calculation purposes – resulting in even higher tax savings. With the $50,000 reduction, that $150,000 could have a taxable value of just $65,000. 

If you sell your homestead, creditors cannot claim the proceeds. This is one of the most overlooked and underappreciated aspects of the Florida homestead law. As long as you carefully place the proceeds of the sale into a special, separate “homestead account,” these funds are virtually untouchable.

There are a few caveats to consider. First, you must hold these funds in the homestead account on a temporary basis – and with the intention of purchasing a new primary residence within Florida. 

Additionally, you must be very careful not to commingle these funds with any other assets. If they become commingled, they may lose their protection under Florida’s homestead exemption – and creditors could eventually seize them. 

There is no specific time limit on how long you can hold these funds in a homestead account without purchasing a new home, but you should do so without unreasonable delay. Sometimes, it is genuinely difficult to find property in tight real estate markets – and the definition of a “reasonable” amount of time may vary depending on your unique circumstances. 

To understand the full range of benefits and opportunities associated with the Florida homestead law, consider a more comprehensive discussion with a qualified estate planning lawyer. Work alongside the William C. Roof Law Group, and you can develop a clear homestead strategy based on your unique needs – whether you need to prioritize estate planning, bankruptcy, or tax planning. Contact us today to book a consultation. 

It is easier to qualify for the homestead exemption in Florida compared to other states. Municipal homes must be on half-acre lots, while rural properties can be up to 160 acres. You must be a Florida resident, however – or someone who plans to reside in Florida permanently.

The Florida homestead law protects your home in the event that you go bankrupt or owe significant debts to creditors. It also protects your home from debts due to litigation. However, you can still lose your home if you fail to make mortgage payments. 

Although you will be exempt from forced sales simply by owning a home and residing in Florida, you need to claim the exemption to receive the tax benefits discussed above and to protect from a creditor who obtains a judgment in court. In this situation, you can file a statement in the public records that affirms the property as your homestead. The creditor then has 45 days to respond, and they have the right to challenge the status of the homestead in court. For property tax exemptions, however, you’ll need to fill out Form DR-501 and file it with your local county property appraiser. 

If you have lived in Florida for an extended period of time, you can claim the Florida homestead exemption right away. If you have recently relocated to the Sunshine State, however, you may need to wait before filing your application. You must have resided in your Florida homestead on January 1st of the year you apply. For example, if you apply in the middle of 2024, you must have resided in the home as of January 1st, 2024. 

The Florida homestead law serves numerous functions for Florida homeowners. Initially, state lawmakers created it to encourage new settlers to move to the the state of Florida during the 1800s. Today, it helps protect property owners and seniors from excessive property taxes driven by increasing home values. It can also protect families and their children from being thrown out on the street. The more nuanced benefits of the Florida homestead law involve tax planning and estate planning. 

The contents of this article are not comprehensive, they provide only a general overview of the subject matter discussed. This article does not establish a client-attorney relationship with the reader, and no legal decisions should be made based on the article’s contents. Because every legal matter arises under unique facts specific to the client, no legal decision should be made without consulting a licensed attorney.