Homestead Protection From Forced Sale By Creditors

By

Michael Roussis

Michael Roussis

Article X, Section 4 of the Florida Constitution sets forth a homestead right of exemption to protect certain real property from forced sale by creditors. Note, however, that forced sale protection does not apply in certain circumstances: liens and judgments for payment of taxes and assessments; obligations contracted for the purchase of real property; labor, services, and/or materials furnished to repair or improve real property; other obligations for which an owner has contracted with respect to real property.

Qualification of Homestead Property

In order to qualify for the homestead exemption, property must satisfy certain criteria. If located outside a municipality, the property cannot exceed a total of 160 contiguous acres. If located inside a municipality, the property may not exceed one-half acre of contiguous land. The exemption is limited to the residence of the owner or the owner’s family.

How to Obtain Homestead Protection

Real property that satisfies the homestead criteria is not automatically deemed as such. Rather, the property owner must apply for the homestead exemption by filing Form DR 501, together with proof of residency, in the office of the applicable county appraiser typically by March 1^st of the tax year for which the exemption is desired.

Notice of Homestead to Protect Against a Judgment

After the homestead exemption is obtained, if a certified copy of a judgment is filed in the public records, the individual who has the right to benefit from the homestead protection, and who has a contract to sell or a loan commitment for a mortgage, may file a Notice of Homestead. Upon filing a Notice of Homestead, a copy of such notice is mailed by the clerk of the court to the judgment lienor and any other person identified in the judgment. The clerk adds a certification on the face of the notice and records same in the public records.