Title U (University)

Homestead is given meaning in three different contexts under Florida law: 1. exemption from forced sale before and at death per Art. X, Section 4(a)-(b) of the Florida Constitution[1], 2. restrictions on devise and alienation, Art. X, Section 4(c) of the Florida Constitution and 3. exemption from taxation per Art. VII, Section 6 of the Florida Constitution. Florida's homestead exemption providing an exemption from forced sale before and at death are among the most protective in the United States as it provides "no limit" to the value of certain real property that can be protected from creditors. The property tax exemption clause of Article VI renders property tax-free to the extent of certain dollar amounts in the value of the homestead.

It should be noted that the definition of a homestead is not necessarily co-extensive for Article X, Section 4 (a)-(c)exemption purposes (exemption from creditors and restrictions on descent and distribution) and Article VI purposes (exemption from taxation). Both provisions apply automatically upon the establishment of a primary residence in Florida, but to reap the tax assessment benefits, the homestead exemption must be claimed by a filing with the state. Homestead can be lost if the homeowner abandons use of the real property as a homestead.

The purpose of this article is to discuss homestead rights of the spouse of a married person holding title to Florida real property, and how to ensure that those rights are properly released in a sale transaction or encumbered in a mortgage transaction. More

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