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

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?

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Attorney answers 3

Posted

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

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Posted

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 not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

Carol Anne Johnson

Carol Anne Johnson

Posted

Attorney Deason is correct - homestead protection is provided as soon as you establish the home as your domicile. So, while you don't need to file anything with any court to gain homestead protection, you do need to move into the home and intend to remain there.

Posted

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.