Generally, in an intact marriage, a married couple can only have one homestead. However, it is possible for a married couple to claim two homesteads in Florida if they can prove there are legitimate reasons for living in separate homesteads. The most obvious legitimate reason for living in separate homes is if the married couple is separated.
In an example case, Law v. Law, 738 So.2d 522 (Fla. 4th DCA 1999), a married couple, Robert Law and Barbara Law, were separated and lived in separate residences. Robert lived in his mother’s home and inherited it when she died, while Barbara lived in the marital home. The issue in the case was whether Robert’s mother’s home became Robert’s homestead when he inherited it.
In 1995, Robert and Barbara separated, but they were still legally married. Robert moved out of the marital home, which he and Barbara owned as tenants by the entirety, and moved into his mother’s home. Robert’s mother died in March 1997 and Robert inherited his mother’s property and filed to homestead the property in April 1997. On April 22, 1997, Robert filed a declaratory action to declare that his mother’s home is homestead and exempt from liens. On April 22, 1997, the probate court entered an order determining that Robert’s mother’s property passed to him as his mother’s only heir. Robert sold the property on April 28, 1997.
Did Robert’s mother’s home become Robert’s homestead when he inherited it even though his wife Barbara lived in a separate homestead? The court held that the married couple, since they were separated, could have two homesteads and Robert’s mother’s home could be Robert’s homestead. The court explained that a married couple can have two homesteads if they “legitimately” live apart in separate residences. The court further explained that by “legitimately,” they mean that “there is no ‘fraudulent or otherwise egregious act’ by the beneficiary of the homestead exemption.” Law v. Law, 738 So.2d 522, 525 (Fla. 4th DCA 1999). The court found that Robert and Barbara were legitimately separated in 1995. Thus, Barbara and Robert could have two separate homesteads.
Overall, a married couple can have two separate homesteads if they are separated and live in separate homes or there is some other legitimate reason for having separate homesteads. Generally, in an intact marriage, a married couple can only have one homestead.