Author: Benjamin Boyhan

Whether a creditor can force the sale of your homestead depends on the type of debt. Most creditors cannot even lien homestead property. There are only four exceptions where a creditor can place a lien against your Florida homestead and force its sale: If the creditor does not meet any of the above exceptions, then…

Florida homestead protects your real property from certain creditors. Creditors cannot force you to sell your homestead property to pay off your debts, but what happens to the proceeds after you sell your homestead? Are the proceeds protected from creditors? Proceeds from the sale of your homestead property can be protected from creditors if you…

It is no secret that Florida offers some of the best homestead benefits in the U.S. Homestead is one of the many reasons many people choose to retire in Florida. Most people have heard that Florida’s homestead law offers a tax exemption and creditor protection. However, many have never heard of Save Our Homes (“SOH”),…

The Florida homestead exemption is important for your primary residence because it provides tax reductions and creditor protections. The homestead exemption causes up to $50,000 worth of a property’s taxable value to be exempt from taxes and the annual increase of the assessed value of the homestead for tax purposes is limited to at most…

The homestead exemption is important for your primary residence because it provides tax reductions and protection from creditors. Homestead will cause up to $50,000 worth of a property’s assessed value to be exempt from taxes and it limits the annual increase of the assessed value to at most 3% per year under the Save Our…

Florida homestead rights can be waived by a spouse in two ways: The first way a spouse can waive Florida homestead rights before or after marriage, is by a written contract, agreement, or waiver, signed by the waiving party in the presence of two witnesses. See Florida Statute 737.702. The second way a spouse can…

Usually, the death of the homeowner will not cause the homestead to immediately lose its protected status. The homestead protections remain until the year following the homeowner’s death, unless the homeowner is survived by a spouse or minor children. If the deceased is survived by a spouse or minor children, then the spouse or minor…

A common scenario I see is where a parent, who lives in Florida, passes away and their children have to figure out what to do about their parent’s Florida primary residence. In some cases, they may decide to sell it, only to find out, after they enter a contract, that it needs to go through…

Florida’s homestead creditor protections are some of the strongest in the country. You can purchase a Florida homestead to avoid your creditors. Even if it is clear that you’re buying a home in Florida with the purpose of avoiding your creditors, your creditors cannot use that against you. For instance, let’s say you have a…