Homestead Protection From Alimony and Support Judgment

Jon Alper Homestead Exemption

A Florida  judgment was entered against a client for alimony and support in October 2017. The client had purchased a Florida home in 2013, but he was not a legal U.S. resident at the time having moved from Canada. He got a green card in August, 2017. He resided in the Florida home since its purchase in 2013. The client …

Can Illegal Immigrants Possible Get Homestead Protection?

Jon Alper Homestead Exemption

Illegal immigration is in the news in 2018, including legal status of adults and their minor children. Florida courts have considered immigration status in the context of Florida homestead protection. The Supreme Court said in 1963 that only legal Florida residents can own a protected Florida homestead property. The reasoning is that homestead protection requires intent to permanently reside in …

Florida Homestead Protection Against Partition Sales

Jon Alper Homestead Exemption

The Florida homestead exemption does not protect homeowners against all forced sales of their property. Consider one of my client’s situation where my client resided in a home that he owned jointly with a friend. The friend did not live in the house. The friend decided he wanted to sell the house and reap profits from the house appreciation. My …

Living Trust Homestead Exemption

Gideon Alper Estate Planning, Homestead Exemption

When I am preparing a living trust for estate planning clients I am often asked to advise whether or not it is wise to title homestead properties in the name of the living trust. Trustmaker clients are concerned that conveying their homestead to their living trust may forfeit their Constitutional homestead exemption from creditor judgments. The Florida homestead exemption applies …

Florida Homestead Protection After Death

Gideon Alper Homestead Exemption

The Florida homestead is exempt from your creditors during your lifetime by virtue of the homestead provision of the Florida Constitution. But, what happens after you die? Can your creditors put a lien on your homestead once you are no longer living in the house after your death? One of my clients expressed concern that their parent’s creditors would find …

Revocable Living Trust and Florida Homestead Exemption

Gideon Alper Homestead Exemption

Yesterday a client wanted to know whether he would still qualify for the homestead exemption if his home was in a revocable living trust. As part of his overall estate plan, we decided to set up a living trust to protect certain assets from the creditors of his adult children. Once the trust was established, we advised that he deed …

Exemption of Homestead Proceeds Invested In A Brokerage Account

Jon Alper Homestead Exemption

The concept of an exempt “homestead account” is a well-settled legal concept in Florida. It holds that proceeds from the sale of a homestead remain exempt after deposit in a bank account for a reasonable time while the owner is searching for a new homestead. Most people concerned with protecting homestead sales proceeds keep the money in a separate bank …

Non-Debtor Spouse’s Independent Right To Assert Homestead Exemption Against Debtor’s Spouse’s Creditors

Jon Alper Homestead Exemption

One of my married clients purchased a Florida homestead in his own name, and then he transferred the house to his LLC. A creditor obtained a judgment against the client, but the creditor did not seek a judgment against the wife. He asked me for my opinion about whether the creditor could levy on his homestead. Homestead exemptions are limited …