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1. Posted: 26 Oct 2008 17:43 - General Postings / Eligibility for person in Assisted Living
The answer is forever. There are only two forms of abandonment. Rental and moving to a new homestead. Extended absence is not a reason to deny homestead. Take a look at THESE POSTS for more detailed information Bruce.
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2. Posted: 28 Aug 2008 11:46 - General Postings / Being denied our Homestead Exemption
FYI, even an extended absence is not a valid reason to deny homestead tax exemption. Also Deb stated "If you are just trying to take advantage though and really don't have any plans...
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3. Posted: 14 Jan 2008 20:08 - Questions and Answers / Can active duty spouse rent house?
David,
Regarding your question, extended absence from a home is not cause to deny homestead but rental of homestead property constitutes abandonment and you will lose the homestead status. With regard to military...
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4. Posted: 10 Jul 2007 19:48 - General Postings / Being denied our Homestead Exemption
Ron,
Thanks for the time to post and sign in! Extended absence from your home for any reason, including travel, is not a valid reason to deny hmestead status. You must appeal any denial to the county Value Adjustment Board...
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5. Posted: 22 Jun 2007 14:51 - Florida Case Law / Abandonment
... 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...
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6. Posted: 22 Jun 2007 14:49 - Florida Case Law / Separate residences and homestead exemption - Separate Family Units
... continued to occupy the Florida property. She also continued to vote in Lee County. She holds a Florida drivers license and maintains a Florida license tag on her automobile. The Judds continue to live together harmoniously as husband and wife and for extended periods of each year reside together in the home on the real estate in question.
In the year 1961 Mrs. Judd applied for the constitutional...
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7. Posted: 22 Jun 2007 14:46 - Florida Case Law / Abandonment
... further maintain it as a homestead, although prima facie
evidence of that fact, is not controlling and will be overcome by
evidence to the contrary. See Rule 12B-1.202(6)(C), F.A.C. Although
absence from one's homestead for an extended period is not of itself
an abandonment of the homestead, such an absence may raise a
presumption sufficient to cast...
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8. Posted: 18 Dec 2006 17:03 - Bankruptcy / Norton Bankruptcy Law and Practice 2d
... 522(d)(1) by its terms applies only to the debtor's "residence" and no mention is made, as it is in other subsections of § 522(d),[FN15] of proceeds. State homestead exemptions have been extended to proceeds despite a similar absence of reference to proceeds, however,[FN16] so the federal statute's silence does not end the inquiry.[FN17] If the proceeds in...
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9. Posted: 13 Dec 2006 17:14 - Judgments and Liens / Liens
... recognizes liens in favor of persons who are bound by law to serve the public in their trade and occupation, such as innkeepers, ferriers, common carriers, and warehousemen. Common-law liens are also extended to various other persons who impart, by their labor and skill, an additional value to goods, such as artisans, tradesmen, mechanics, and laborers who receive property for the purpose...
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10. Posted: 1 Dec 2006 07:39 - Florida Case Law / Extended or Temporary Absence and Homestead
Where the head of a house finds it necessary to absent himself from homestead property for reasons of livelihood or family responsibilities for extended periods of time, such absence will not necessarily create an abandonment of the homestead so long as there remains an intention to return and so long as there is no clear...
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11. Posted: 24 Nov 2006 07:18 - Real Property Ad Valorem Tax Exemption / Married, Separate Residences, Two Homestead Exemptions, Living Apart, Legally Separated
... Columbia. Mrs. Judd continued to occupy the Florida property. She also continued to vote in Lee County. She holds a Florida drivers license and maintains a Florida license tag on her automobile. The Judds continue to live together harmoniously as husband and wife and for extended periods of each year reside together in the home on the real estate in question.
In the year 1961 Mrs. Judd applied...
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12. Posted: 21 Oct 2006 08:21 - Asset Protection and Estate Planning / The New Florida Trust Statute
... obvious or straightforward that there is no need to examine them directly. The terms "beneficiary" and "qualified beneficiary," however, are used so pervasively throughout the Code that extended examination of these terms is desirable.
The term "beneficiary" refers to the universe of persons who have a beneficial interest in a trust, as well as to any person who...
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13. Posted: 19 Oct 2006 16:01 - Florida Exemptions, Laws and Statutes / Florida Administrative Code -CHAPTER 12D-7 EXEMPTIONS
... before March 1 of the year for
which exemption is claimed except that, when the last day for filing is a Saturday, Sunday, or legal holiday, in which case the time
for making an application shall be extended until the end of the next business day. The property appraiser shall accept any
application timely filed even though the applicant intends or is requested to file supplemental proof...
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14. Posted: 18 Oct 2006 21:13 - Florida Case Law / Observations and Case Law on Homestead
... acquired status of homestead, such status continues until abandonment has occurred. [Poppell v. Padrick, App. 2 Dist., 117 So.2d 435 (1959)] 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...
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15. Posted: 18 Oct 2006 21:10 - Real Property Ad Valorem Tax Exemption / Temporary absence from the home & the tax exemption
... 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...
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16. Posted: 18 Oct 2006 20:56 - The Government / Code enforcement, search of and tresspass on private property
... well-established exceptions to this rule.[7] The protection from unreasonable searches provided by section 12, Article I, Florida Constitution, and the Fourth Amendment to the U.S. Constitution, are extended to both business or commercial premises and to private residences.[8]
The United States Supreme Court has established a limited exception to the administrative warrant requirement...
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