State of Florida Homestead Laws
- Understanding Florida homestead laws can help a homeowner protect her property.lake mayaka, florida image by Pat Lalli from Fotolia.com
Florida homestead laws extend more protection to a homeowner than do the laws in nearly all other states in the country. Florida homestead laws permit a person to own a personal residence that is protected from seizure and a forced sale by a creditor. For example, if a person loses a lawsuit, she declares her primary residence homestead property and it is not subject to attachment to satisfy the judgment in the suit. The homestead laws in place in the Sunshine State are based upon provisions of the Florida Constitution. - Homestead laws in nearly all states in the country cap the value of a residence a person can claim as homestead property. The reason that Florida law provides such extensive homestead protection is the fact that there is no limit to the value of a person's primary residence that is protected form creditors.
- Although there is no maximum dollar value that can be claimed as exempt under Florida homestead laws, there are limitations on the sizes of property. A homestead exemption cannot expend beyond a half acre within the boundaries of a municipality. A homestead cannot be larger than 160 acres in a rural area.
- There are three narrow exceptions to the protections offered by the Florida homestead laws that permit a forced sale of a primary residence. A forced sale can occur to collect past due property taxes. A forced sale is permissible to foreclose on a mortgage loan specifically attached to the homestead property. Finally, a forced sale is permitted on homestead property to satisfy a mechanic's lien placed on the title for work performed at the premises.