for A Debtor to Claim the Homestead Exemption..
In order for a Debtor to claim the Homestead Exemption in the State of Florida as a protection against his Creditors, he generally must be occupying the dwelling.
Chapter 222 Florida Statute
Chapter 222 is the Florida Statute, enacted by the Florida Legislature, that implements the Homestead Exemption protection, that is contained in the State Constitution of the State of Florida. Florida Statute 222.05 states: Any person owning and occupying any dwelling house, including a mobile home used as a residence, or modular home, on land not his or her own which he or she may lawfully possess, by leased of otherwise and claiming such house, mobile home, or modular home as his or her homestead, shall Read More +
Florida Law in Homesteads
In Southern Walls, Inc v. Stilwell Corp, the 5th District Court in Florida, in discussing the Florida Homestead Exemption, stated, “although a castle to one may be a shanty to another, the law does not so discriminate. Thus, regardless of whether one’s castle is a traditional home or a modest cottage, whether it is a rural farmhouse or a villa by the sea, whether it floats or sits on wheels, whether it is a condominium or a co-op, it should receive the same protection under Read More +
Homestead Exemptions Further Explained..
The Judge in Public Health v Lopez, when discussing the Florida Homestead Exemption, as a protection against Creditors, stated that the purpose of the Homestead Exemption is to promote the stability and welfare of the state by securing to the householder a home, so that the homeowner may live beyond the reach of financial misfortune.
Homestead Exemptions
In order for a Debtor to claim the benefit of the Florida Homestead Exemption, against a Creditor, he must be a Resident of the State of Florida. In re Bermudez, a 1992 South District Court decision held that a Debtor who has a permanent visa or green card can qualify as a Resident of Florida for purposes of the Florida Homestead Exemption. An Alien Debtor, or a Debtor illegally within the borders of the United States, and specifically Florida, cannot claim the Homestead Exemption against Read More +
Homestead Exemption in Florida Continued..
If you live in the State of Florida and you own property, you may be able to claim that property as Exempt as your Homestead. Our prior Blogs discussed the requirements to establish the Homestead Exemption. In turn, a Creditor or a Bankruptcy Trustee can potentially seek to oppose your assertion of the Homestead Exemption to your property. The Creditor’s checklist includes: Is the property located in the State of Florida? Is the Debtor residing or his family residing, in the property? If the Read More +
Homestead Exemption Defined
The Constitution of the State of Florida has a Homestead Exemption for Asset protection or protection of that Asset from Creditors, other than your Mortgage, which is Secured by the Homestead. Please read our other Blogs on the Florida Homestead Exemption. Article X, Section 4(a) of the Florida Constitution states: There shall be exempt from forced sale under process of any court, and no judgment, decree or execution of a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for Read More +
Homestead Exemption in Florida
After forty months, if a property in the State of Florida qualifies as a Debtor’s Homestead or qualifies for the Homestead Exemption pursuant to Florida Law, then the property may have an unlimited fair market value, provided such property does not exceed one-half acre within a municipality in the State of Florida and 160 acres if such property is located outside a municipality in the State of Florida.
Under Florida Statute, Section 319.22(a)1..
Under Florida Statute, Section 319.22(a)1, a motor vehicle or mobile home owned by two or more persons with an “or” designation is considered to be owned in Joint Tenancy or a Tenancy by Commons. If property is owned in Joint Tenancy, then each person has ownership over all of the property. Either A or B may sell the property. A Creditor of either A or B may attach or garnish the property. If property is owned by A and B, with an “and” designation, and Read More +
Although Property Held By Husband and Wife..
Although property held by husband and wife as Tenants by the Entirety is considered part of the bankruptcy estate, if a debtor files Bankruptcy, Section 522 of the Bankruptcy Code allows the Debtor to claim certain Exemptions. If an Asset is Exempt, then it is exempt or protected from seizure by the Bankruptcy Trustee or Creditors. Section 522(d) of the Bankruptcy Code lists the Federal Exemptions, but each State, under Section 522 of the Bankruptcy Code, can opt-out of the Federal Exemptions and elect to Read More +