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Separate Maintenance

Author Earl Leach
Participant 

#1 - Posted: 3 Nov 2010 05:46 
What are the Current Homestead Exemption laws concerning separate maintenance? Specifically a Man and Wife maintaining separate residences can each claim homestead exemption as authorized by the Fl state constitution. Can Hernando county override the constitution and disallow separate maintenance. And has Hernando attempted this move recently.

Author johnbsims3
Admin 

#2 - Posted: 3 Nov 2010 11:40 
The law is the law, and the county cannot overrule it. The current laws state that you can be married and have seperate homesteads, but you may not support each other. Do a search here and you will find everything you need, as this topic has been discussed.

Author johnbsims3
Admin 

#3 - Posted: 2 Dec 2010 18:17 

Author johnbsims3
Admin 

#4 - Posted: 6 Oct 2011 07:27 
Objective Requirements to Establish "Sepgarate Family Units"

Consistent with the Florida law, case law and Attorney General Opinion,
the Property Appraiser must make an objective evaluation of the surrounding
facts and circumstances. Accordingly, the County Property Appraiser requires a married couple to document ALL of the following, in order to establish they are "separate family units":

* Each person files separate federal tax returns indicating the «married, filing
separately" status.

* Each person maintains separate bank accounts (and has no intermingled or
joint bank accounts).

*Each person is registered to vote, registered his/her vehicle, and has his/her
driver's license at the respective, different home addresses.

* Each person pays his/her own property tax bill from the separate, individual bank accounts.

* Each person is the only person. listed on the utility bills (electric, phone, etc.) for the respective, different addresses.

* The title to the respective homes arc not jointly owned by the husband/
wife (note: This is not required when the parties can show they have filed for a dissolution of marriage that is proceeding timely, as the title issues will be decided by the property distribution agreement approved by the court).

Florida Exemptions, Laws and Statutes Florida Homestead Services -- Florida Homestead Exemption Act MiniBB / Florida Exemptions, Laws and Statutes /
Separate Maintenance
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