Recreational Vehicle As Homestead Property
I researched an interesting homestead issue today for a client who is considering selling his current single family home and using the proceeds to buy an expensive recreational vehicle which would become his principal residence. The question is whether a recreational vehicle can qualify as a protected homestead under Florida statutes and case law.
There is a Florida Statute (222.05) which discusses what may constitute a dwelling for homestead pruposes. Pursuant to the Statute the term dwelling includes a mobile home. Chapter 320 of the Florida Statutes pertains to motor homes. The Florida Statues do not address the issue of whether a recreational vehicle which has the facilities for residence, such as cooking and toilet, can be considered a "mobile home" for purposes of Section 222.05 and thus eligible for homestead designation.
Only one Florida case has dealt directly with this issue in the bankruptcy context. The Court said that wether an RV is a motor vehicle or a motor home depends on its use as well as its physical characteristics. If the owner permanently parks the RV, lives in the RV, and has no other residence then the RV has the characteristics of a "motor home" and should be protected as homestead property. On the other hand, a recreational vehicle used more for transportation would be more like a "motor vehicle" not eligible for homestead protection rather than a "motor home." Other court cases have held that a houseboat used as a primary residence can be a dwelling house and a principal residence because a houseboat is similar to a mobile home. Although houseboats can be moved they are not primarily used for transportation.
As in many homestead issues, the facts of any particular case would determine the result. If an RV owner wanted to use the RV as a principal residence and protect the investment under Florida homestead laws he should arrange for a permanently available rented lot with utility facilities has the RV's permanent location. The more the RV is used as a touring vehicle the less likely homestead protection would apply.
The applicable cases are In re Mangano, 158 B.R. 532, and Miami Country Day School v. Bakst, 641 So. 2d 467.
posted by Jonathan Alper, asset protection and bankruptcy lawyer, Orlando, Florida
I was online searching for the answer to this question when I ran across your post and also the answer to the question at the Attorney Generals site! Recreational Vehicles are eligible to be covered by Homestead Exemptions. There is an Attorney General ruling Number: AGO 74-111
Date: April 9, 1974
Subject: Homestead exemption and recreational vehicle
RE: TAXATION--HOMESTEAD EXEMPTION--ELIGIBILITY OF RECREATIONAL CAMPER SITUATED ON PARCEL IN CONDOMINIUM ORGANIZATION
Which in part states that: "The owner of a parcel in a recreational camper trailer condominium organization may qualify for homestead exemption under Art. VII, s. 6(a), State Const., and s. 196.031, F. S., despite the impermanency of the structure in which he resides and notwithstanding a covenant in the articles of condominium that no permanent or semipermanent structure will be erected on the site, if the facts and circumstances as a whole show that said owner otherwise meets the requirements for homestead exemption, that he actually resides on the property, and that he has a present intention to reside thereon indefinitely.
Your question is answered in the affirmative, subject to the qualifications discussed below."
I will have a link at the end for that. But this AG opinion also states:
"Since the critical issue is the intention of the owner, the character of the residential structure itself cannot be considered dispositive, although it may be considered as a factor in evaluating the owner's intention. This point is well explained in the opinions of my predecessors in office. In AGO 065-55, it was stated:
". . . The "permanent home" may be a splendid mansion, an ordinary residence, a cottage, a one room cabin, a hovel, a cave, a dugout in the earth or other place of actual residence. . . . [T]he particular kind of dwelling house is not material, but the premises must actually be used as a permanent home. . . ."
And, in AGO 057-327 it was said:
". . . The fact that the homestead claimant is residing in a trailer or other type of residence subject to almost immediate movement to another state or county does not disprove his intention to make the real property upon which located his permanent home, although it should be taken into consideration with all other facts and circumstances. . . ."
Although both of these opinions address the meaning of the permanent home requirement of former Art. X, s. 7, State Const. of 1885, they are of continuing vitality as to the "permanent residence" requirement now contained in Art. VII, s. 6 of the 1968 Florida Constitution. If anything, the term "residence" focuses concern more particularly on the intentions of the homestead claimant than does the term "home." Compare, 11 Fla.Jur. Domicil and Residence s. 2, with 11 Fla.Jur. Domicil and Residence s. 6. Therefore, the mere fact that the homestead claimant's residential structure is of an impermanent or movable nature does not, standing alone, disqualify the homestead claim."
There is even more in is AG opinion that sustains the exemption. You can read it at this URL (sorry this is long, I will also send it via the URL above this message field on this same form): http://myfloridalegal.com/ago.nsf/Opinions/DF09F80FB5C422E1852566B200588D8C