People who are not permanent U.S. residents cannot claim Florida homestead exemption. Citizens of other countries residing in Florida need at least a “green card” in order to qualify for homestead protection. Does it make any difference if the foreign residents live in the house with dependents who are legal U.S. citizens? Continue reading
In cities where parking is limited, many condominium units come with dedicated parking spaces. The parking spaces often cost significant amounts of money. One of my clients asked me if his dedicated parking space was protected from creditors as part of his Florida homestead exemption. Continue reading
Often, people with judgments entered against them want to sell their home and move to a different home in Florida. They are concerned whether they can buy a Florida homestead and receive proceeds from the sale of their existing homestead without subjecting either the new property or the homestead sale proceeds to their judgment creditor’s execution.The issue: Should I first close on the sale of my existing house and then buy a new homestead, or should I buy and move into a new homestead before selling the old house? Continue reading
A caller complained that one of his judgment creditors put a lien on his Florida homestead. The caller stated that my website said that homesteads were protected from creditors, and he wanted an explanation of how his creditor could lien his homestead. Other people from time to time have asked me to help them remove a judgment lien from their homestead. How can a creditor place a lien on a homestead when the Florida Constitution says that no judgment shall be a lien on a homestead.
I received another homestead inquiry this past week from someone who caller owned a primary residence in Florida and is temporarily moving out of state. This caller is a self-employed technology consultant to large businesses. He incurred a money judgment from a failed business deal. He has a long-term consulting contract in Ohio and wants to rent his house while working on this assignment. He asked whether he can sign a lease for his Florida home without losing its homestead exemption.
An attorney called me to consult about homestead exemption of a property owned by his clients and their two children. The parents purchased the house many years ago and have resided in the house continuously since purchase. A couple years ago they added their two children to the title, The children lived in their own separate houses. Continue reading
One of my asset protection clients sold their home when the husband retired and purchased a motor home. Their motor home can be attached to utilities for long-term living. This couple volunteers for the State park service. The State of Florida asks them for help at two or three parks around the State each year.