Does a homeowner have to perform some act to get homestead protection for a house?

Asked over 1 year ago - Hialeah, FL

Does a Florida resident get homestead protection for a house automatically without taking any action? Or does he have to file some paper to get it?

Attorney answers (3)

  1. Marshall C Deason Jr.


    Contributor Level 20


    Lawyers agree

    Answered . There are two types of "homestead" described in the Florida Constitution: 1) The homestead exemption from property tax - to get this, you have to apply to the tax collector with proof that you live in the house as your permanent residence; and 2) Homestead exemption from forced sale and the requirement that the spouse join in any deed and mortgage - this exemption is automatic as soon as you move into the property with the intent to live there as your home.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  2. Heather Morcroft

    Contributor Level 20

    Answered . You have to file a paper with the county. Contact your county tax assessors office for information and instructions.

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  3. Jacqueline Alicia Salcines


    Contributor Level 17

    Answered . No you have to file an application for homestead exemption in the Dade county court at 111 NW 1st Avenue between January 1 and March 1. You may be able to do it at the Hialeah courthouse. Once you do it or automatically renews every year.

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