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Homestead and Removal from Homestead In General-Acts Constituting Abandonment

Author johnbsims3
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#1 | Posted: 27 Dec 2006 16:30 | Edited by: johnbsims3 
In re Estate of Melisi, 440 So.2d 584
Fla.App. 4 Dist.,1983
Homestead character of property is not abandoned when owner involuntarily changes his residence, as in case where infirmity requires residence in nursing home or hospital facility.

M.O. Logue Sod Service, Inc. v. Logue, 422 So.2d 71
Fla.App. 2 Dist.,1982
Where on October 18, husband left parties' home saying he was going to nearby convenience store and would be right back, but did not return, wife filed for dissolution of marriage on November 3 for primary purpose of securing title to home for support and benefit of her self and minor child, creditor obtained full final judgment against husband on December 24, and creditor was owned by father of former husband and husband either worked or was very closely associated with father's business until his abrupt and apparently total unexpected disappearance, evidence supported finding that headship of family continued in husband from date of his departure until entry of judgment dissolving marriage, and failed to support finding of abandonment or loss of constitutional protection of homestead for benefit of wife and minor child.

Dean v. Heimbach, 409 So.2d 157
Fla.App. 1 Dist.,1982
Involuntary absence of family head from homestead cannot by itself support finding of abandonment of homestead.

Olesky v. Nicholas, 82 So.2d 510
Where husband and wife acquired property in 1940, and section of house was converted into and operated as a sundry store and husband prior to 1947 found it necessary due to poor business conditions to seek employment elsewhere and part of house operated as store became vacant until 1950 when husband resumed operation of store and husband died in 1950, and store was operated by wife until her death in 1952, parties did not abandon as homestead property the portion of the building used as a sundry store. F.S.A.Const. art. 10, 1.

Barlow v. Barlow, 23 So.2d 723
A homestead is abandoned when owner removes therefrom, without intending to return, and takes up permanent abode and pursues his livelihood at another place.

Lanier v. Lanier, 116 So. 867
Permanent abandonment of homestead deprives property of homestead character.

Nelson v. Hainlin, 104 So. 589
Whether homestead has been abandoned so as to deprive it of exemption character under Constitution should be determined by facts and circumstances of each case, having in view organic provisions that homestead should be exempt from forced sale, and that exemptions should inure to widow and heirs.

Nelson v. Hainlin, 104 So. 589
Where husband and wife acquired homestead, and wife rented rooms therein to support herself and her husband, who lived elsewhere because his wife was unable properly to care for him, although he occasionally visited wife at homestead, such homestead was not abandoned but retained its character until husband's death.

Matthews v. Jeacle, 55 So. 865
The homestead intended by the Constitution to be exempted is a place of actual residence of the party and his family; and, though a temporary absence will not deprive a homestead claimant of his right, yet a permanent abandonment of the homestead as a place of permanent abode strips it of its homestead character.

Cain v. Cain, 549 So.2d 1161
Fla.App. 4 Dist.,1989
To show abandonment of homestead, both owner and his family must have abandoned property. West's F.S.A. Const. Art. 10, 4.

McGann v. Halker, 530 So.2d 440
Fla.App. 3 Dist.,1988
Former husband's excursions to Alabama, leaving his new family behind, were not permanent, but rather, mere temporary absences consistent with bona fide intent to return, and thus, did not amount to abandonment of homestead so as to render homestead subject to execution upon judgment held by former wife.

Dean v. Heimbach, 409 So.2d 157
Fla.App. 1 Dist.,1982
Father's involuntary absence from homestead as result of compliance with condition of bail on unrelated criminal charges did not constitute abandonment of homestead where father intended to return to homestead after criminal problems were resolved, and thus father could convey homestead to eldest son without subjecting homestead to attachment by father's personal judgment creditor.

Marsh v. Hartley, 109 So.2d 34
Fla.App. 2 Dist.,1959
Question of whether there has been an abandonment of a homestead should be determined by a consideration of all the pertinent facts and circumstances of each individual case.

Marsh v. Hartley, 109 So.2d 34
Fla.App. 2 Dist.,1959
Temporary absence of the head of a household for reasons of health, pleasure, or business will not deprive the homestead of its protected status, unless there was the aim on his part to forsake it permanently, nor will temporary rental of the homestead property necessarily impose the status of abandonment where the intent to return is present.

L'Engle v. Forbes, 81 So.2d 214
Temporary absence will not deprive homestead claimant of his right, unless it appears that there was a design of permanent abandonment, and such rule applies to homestead tax exemption privilege. F.S.A.Const. art. 10, 1, 4, 7.

Saint-Gaudens v. Bull, 74 So.2d 693
Where a judgment creditor sought to subject defendant's home to a judgment which was entered after defendant filed claim for homestead exemption, defendant's absence from the home from May 1952 until April 1953, which was occasioned by defendant's divorce and subsequent emotional disturbance over her husband's immediate re-marriage, did not amount to an abandonment of the homestead.

Barclay v. Robertson, 65 So. 546
Where a judgment debtor had not lived on the land for more than three years, and failed to have it set aside, under F.S.A. 222.02, until more than a year after an executive sale, he waived his right to claim any homestead exemption therein.

Gulf Refining Co. v. Ankeny, 135 So. 521
202IV Abandonment, Waiver, or Forfeiture
202k166 k. Declaration or notice of abandonment.
Homestead cannot be alienated except by deed or mortgage duly executed by husband and wife; homestead may, in whole or in part, be abandoned as homestead by express declaration or conduct (Const. art. 10, 4).

Gulf Refining Co. v. Ankeny, 135 So. 521
Homestead may, in whole or in part, be abandoned as homestead by express declaration or conduct. F.S.A. Const. art. 10, 4.

Daniels v. Katz, 237 So.2d 58
Fla.App. 3 Dist.,1970
Homesteads may not be alienated contrary to interests of those to be protected by homestead character of property involved and are not subject to execution or judgment liens, and such right of exemption may not even be waived by both husband and wife. F.S.A.Const. art. 10, 4.

Clark v. Cox, 85 So. 173
Where a homestead has been acquired, it can be waived only by abandonment or by alienation in the manner provided by law.

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Homestead and Removal from Homestead In General-Acts Constituting Abandonment
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