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Must I own the property to claim homestead?

Author johnbsims3
Admin 

#1 - Posted: 21 Jul 2008 08:39 
The constitutional provision "does not designate how title to the property is to be held and it does not limit the estate that must be owned. . . ." Southern Walls, Inc. v. Stilwell Corp., 810 So.2d 566, 569 (Fla. 5th DCA 2002).

"[T]he individual claiming homestead exemption need not hold fee simple title to the property." Id. (Bessemer Props., Inc. v. Gamble, 27 So.2d 832 (Fla. 1946). See also HCA Gulf Coast Hospital v. Estate of Downing, 594 So.2d 774, 776 (Fla. 1st DCA 1991)(beneficiary of spendthrift trust entitled to claim homestead exemption as to trust property).

Thus, even if you own only a beneficial interest in the property, you are entitled to claim a homestead exemption to the forced sale of the property and protect the home from any foreclosure of interest in the property.

Basics About Exemptions Florida Homestead Services -- Florida Homestead Exemption Act MiniBB / Basics About Exemptions /
Must I own the property to claim homestead?
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