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Temporary absence from the home & the tax exemption

Author johnbsims3
Admin 

#1 - Posted: 18 Oct 2006 21:10 
Abandonment--In general

Under Florida law, resident is entitled to homestead exemption unless it is shown that both the owner and owner's family abandoned the property. In re Kalynych, Bkrtcy.M.D.Fla.2002, 284 B.R. 149. Homestead 154

Once property has acquired status of homestead, such status continues until abandonment has occurred. Poppell v. Padrick, App. 2 Dist., 117 So.2d 435 (1959). Homestead 15

Under Florida law, investor's cause of action against broker for fraud in conjunction with offering of mortgage backed bonds by church accrued when broker informed investor that no more payments would be made, rather than when alleged fraudulent statements were made, where investor received regular interest payments up to that point. Bearse v. Main Street Investments, M.D.Fla.2002, 220 F.Supp.2d 1338. Limitation Of Actions 100(12)

Although the rule seems to be that an absence from one's homestead for an extended length of time is not of itself an abandonment of the homestead, such an absence may raise a presumption sufficient to cast the burden on the person claiming the homestead exemption to satisfy the tax assessor that there has in fact been no abandonment; such an absence may be taken, together with other evidence tending to show an abandonment, to show an abandonment and no actual intention to return to the property and further maintain it as a homestead. 1958 Op.Atty.Gen. 058-329, 058-229 (Revised), Dec. 10, 1958.

Mere absence for a long period of time is not of itself sufficient to establish abandonment of homestead and deprive it of its character and tax exemption, where claimant never acquires another homestead, and there is no showing that he did not intend to return. 1958 Op.Atty.Gen. 058-229, July 22, 1958.

Temporary absence, abandonment

Rule, that temporary absence will not deprive homestead claimant of his right unless it appears that there was a design of permanent abandonment, applies to homestead tax exemption privilege. Poppell v. Padrick, App. 2 Dist., 117 So.2d 435 (1959). Taxation 2317

In suit for decree determining plaintiffs to be entitled to homestead exemption for tax purposes, evidence sustained finding that there had been no abandonment of homestead by plaintiffs when they went to live in plaintiff-husband's widowed mother's home for several months of year. Poppell v. Padrick, App. 2 Dist., 117 So.2d 435 (1959). Taxation 2394

Temporary absence of a person committed to a mental hospital does not of itself constitute an abandonment of homestead rights previously acquired by him, but rental of the homestead by his legal guardian would terminate the exemption. Op.Atty.Gen., 071-398, Dec. 28, 1971.

Mere absence from one's homestead for health, pleasure or business reasons is not of itself an abandonment, but may be considered, in connection with all other available evidence, in determining whether there has been or has not been an abandonment of the homestead. 1958 Op.Atty.Gen. 058-329, 058-229 (Revised), Dec. 10, 1958.

Temporary absence will not deprive homestead of its character and tax exemption. 1958 Op.Atty.Gen. 058-229, July 22, 1958.

Real Property Ad Valorem Tax Exemption Florida Homestead Services -- Florida Homestead Exemption Act MiniBB / Real Property Ad Valorem Tax Exemption /
Temporary absence from the home & the tax exemption
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