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Requirements for 'Homestead Exemption' Protection

Author johnbsims3
Admin 

#1 - Posted: 27 Feb 2012 08:25 
Three requirements must be satisfied for real property to be impressed with the characteristics of homestead property under article X, section 4 of the Florida Constitution: (1) the property must be owned by a "natural person"; (2) the owner must have made, or intend to make the real property his or her permanent residence or that of his family; and (3) the property must meet the size and contiguity requirements of article X, section 4(a)(1) of the Florida Constitution. Cutler v. Cutler, 994 So. 2d 341, 344 (Fla. 3d DCA 2008). The estate owned need not be fee simple, but may be any type of interest in the property, legal or equitable, so long as the interest is a possessory interest. See Hill v. First Nat'l Bank of Marianna, 73 Fla. 1092, 75 So. 614 (1917) (tenancy in common); Smith v. Unkefer, 515 So. 2d 757 (Fla. 2d DCA 1987) (life estate); Heiman v. Capital Bank, 438 So. 2d 932 (Fla. 3d DCA 1983) (equitable interest); but see Aetna Ins. Co. v. LaGasse, 223 So. 2d 727 (Fla. 1969) (remainder interest does not qualify).

Basics About Exemptions Florida Homestead Services -- Florida Homestead Exemption Act MiniBB / Basics About Exemptions /
Requirements for 'Homestead Exemption' Protection
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