Is Your Homestead In a City?
Here's a practical question. An attorney outside of Florida was considering moving to Florida, in part, because of Florida's homestead protection. The attorney read that homestead protection is limited to ½ acre properties inside a Florida municipality. The called asked me how he can determine if a house he is considering buying is in or out of a municipality.
There are several ways to ascertain whether property is in a city or the county. First, you should asks the real estate salesman because the sales listing should state whether the property is in a city. Or, you can check the county tax assessor's webpage and look up the property. The tax assessor will state the amount of county taxes and municipal taxes, if any. If there are no municipal taxes listed your property is not in a municipality. There are also detailed maps on the internet which show municipal geographical limits. To be extra sure, make the location of the property a contingency in your contract. The municipal location of a property is only a factor if the lot is greater than ½ acre regardless of its value. A multimillion dollar condominium downtown is protected homestead.
posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida
My homestead is on a 3/4 acre lot that was recently annexed into the city. How does the law apply?
Does this mean that if i live on 3/4 acre lot in a city that my homestead is not protected?
Or does this rule regarding protection up to 1/2 acre lots in a city only apply to homes purchased after this new law was passed?