Law & Legal & Attorney Government & administrative Law

State of Florida Homestead Laws

    Dollar Amount

    • 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.

    Size of Property

    • 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.

    Exceptions to Homestead Exemption

    • 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.



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