Requirements to Establish "Separate Family Units"

Objective Requirements to Establish "Separate 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 regarding Separate Family Units. Accordingly, the County Property Appraiser may require 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, but this is not always the case).

More on this issue can be found here:

http://www.myfloridalegal.com/ago.nsf/Opinions/8B9 CC0B43F7AF34E852570C00074886B

http://www.myfloridalegal.com/ago.nsf/Opinions/4D2 14DE62637ED15852566B700582E1A

http://www.assetprotectionfl.com/2012/01/can-marri ed-couple-claim-and-protect-two-separate-homestead -properties/

http://propertytaxinflorida.com/2010/05/26/separat e-homestead-exemptions-for-married-couples/

http://www.floridabankinglawblog.com/2014/09/30/cr editors-beware-married-couples-claiming-homestead- protection-on-two-residences-may-avoid-a-forced-sa le/

http://www.stetson.edu/law/lawreview/media/Coffey. Final.pdf

https://www.ccappraiser.com/SEPARATEFAMILYUNITS.pd f


Also, see the attached case...

Attached file: Wells vs. Haldeos

http://www.floridahomesteadservices.com