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Homestead Law Library

Are you a Florida Attorney or other Real Estate Professional looking for legal guidance on Homestead-Related issues? Our Law Library contains helpful Attorney General Opinion and excerpts from the Florida Statutes, Florida Constitution, and Florida Administrative Code on common Homestead-related issues.

"Granny Flat" Homestead Exemptions

"Granny Flat" Homestead Exemptions

Fri, Mar 06, 2020

GRANNY FLATS. This Florida Attorney General Opinion is a good walk-through on the so called “Granny Flat” exemption. In short, if a homestead property is improved to add or reconstruct living quarters in which a grandparent or parent (of whom at least one is over 62...

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Qualified Personal Residence Trusts (“QPRT”)

Qualified Personal Residence Trusts (“QPRT”)

Fri, Mar 06, 2020

Qualified Personal Residence Trusts (“QPRT”).  This Florida Attorney General Opinion examines a situation where a married couple owned their Homestead property each as to an undivided 50% interest, and then transferred their ownership to a QPRT for each of them.  One of the individuals remembered to...

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Foreign Limited Liability Partnerships Florida Homesteads

Foreign Limited Liability Partnerships Florida Homesteads

Fri, Mar 06, 2020

Can the general partners of a Foreign Limited Liability Partnership file for Homestead on property that the LLP owns if the general partners reside there?  The answer is NO.  Florida Statutes 196.031 and 196.041 enumerate a list of “other than natural person” ownership that may qualify,...

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Can a Boat Which Is Tied To A Dock And Used As A Home Be Your Homestead?

Can a Boat Which Is Tied To A Dock And Used As A Home Be Your Homestead?

Thu, Mar 05, 2020

Can a Boat which is tied to a dock and used as a home be your Homestead?  In this Florida Attorney General opinion the reasoning is explained why the answer is NO.  However, this opinion does remind us that a Mobile Home that has obtained a...

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Is Homestead available to Non-US Citizens?

Is Homestead available to Non-US Citizens?

Thu, Mar 05, 2020

Is Homestead available to Non-US Citizens?  This Opinion examines a gentleman from Cuba who was a long term resident of Florida but whose immigration status was listed as “Indefinite”.  The conclusion is that pretty much anyone in Florida under “color of law” (ie, not illegally), who...

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Can You File For Homestead If Your Property Is Held In An LLC?

Can You File For Homestead If Your Property Is Held In An LLC?

Thu, Mar 05, 2020

Can you file Homestead if your property is held in an LLC?  In this Florida Attorney General Opinion, it is made clear that Florida Statutes 196.031 and 196.041 contain an explicit list of ways in which title can be held where Homestead Exemption may be filed. ...

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Changes In Ownership That Can Cause Assessed Value To RESET

Changes In Ownership That Can Cause Assessed Value To RESET

Thu, Mar 05, 2020

If you change the ownership status of your Homestead Property in certain ways, you can cause your Assessed Value to RESET to the Market Value, which means you will lose all the Save our Homes savings that you have accrued over the years. This Florida Attorney...

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Filing For Homestead Exemption On Leased Property

Filing For Homestead Exemption On Leased Property

Thu, Mar 05, 2020

This Florida Attorney General Opinion addresses whether or not Homestead Exemption can be filed on a home that is not owned in fee simple, but rather LEASED.  The answer:  If the Leasehold interest is for 98 years or more, then YES, you can! The Honorable Jim...

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Filing of Value Adjustment Board petitions after the deadline

Filing of Value Adjustment Board petitions after the deadline

Thu, Mar 05, 2020

This Attorney General Opinion addresses filing of Value Adjustment Board petitions after the statutory date for filing, which is 25 days after the date on which TRIM notices are mailed. In general, this opinion states that if good cause can be shown for why the petition...

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What Entitles Someone To File For Homestead

What Entitles Someone To File For Homestead

Wed, Mar 04, 2020

In this Florida Attorney General Opinion, the AG discusses whether or not a married couple could also file Homestead on the home they purchased next door, that their 19 year old dependent moved into.  This Opinion is a good review of the basics of what entitles...

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Can Married people file for Homestead on separate residences?

Can Married people file for Homestead on separate residences?

Wed, Mar 04, 2020

Can Married people file for Homestead on separate residences?  In some cases, YES.  See Paragraph (7) of this Florida Administrative Code provision. (1) For one to make a certain parcel of land his permanent home, he must reside thereon with a present intention of living there...

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Homestead Exemptions For Trusts and Trustees

Homestead Exemptions For Trusts and Trustees

Wed, Mar 04, 2020

If you have set up a Land Trust to own your Florida real estate and you wish to file for the Homestead Exemption, this AG opinion states that the person to whom the right to reside on the property for life to may file for Homestead...

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