Protect a Florida Residence from Creditors (Part 2)

The second most common method of protecting the personal residence is by using the Florida Homestead Exemption.

(Article X, Section 4, Constitution of the State of Florida).

Within certain limitations as to the size of the property (1/2 acre of a municipal homestead or up to 160 acres of a non-municipal homestead), the personal residence of a natural person titled in his or her name (individually) is generally exempt from the claims of creditors in accordance with the Florida Constitution.

There is no limitation as to the value of the residence.

Care must be taken when utilizing either the Homestead Exemption or the tenants by the entireties method of ownership to avoid an individual ‘signing away’ of his or her protection pursuant to specific terms of a contract, mortgage or other agreement, although this ‘signing away’ will not reduce an individual’s protection against the claims of creditors.

To ensure receiving the homestead protection, the individual should execute a special Homestead Affidavit, Designation and Acknowledgment which is recorded in the real estate record of the county in which the Homestead property is located (Florida Statutes Chapter 222.01).


If you or a loved one needs help with a situation involving one of these areas, please contact Thomas N. Silverman, P.A. at 561.775.7500 (24 hours) or info@FloridaProbateCounsel.com.

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