If a creditor wins a judgment against me can they attach a lien on 100% homesteaded property (broward county) with me only having 1/3 interest on the property?
Here is an article from the FL Bar that exhaustively answers your question. In reading the article, it appears FL is like most states in this regard. Since we are talking about an exemption against a creditor (your creditors), that is a type of personal exemption. YOU have to qualify for the homestead (not the property). Basically, you have to live at the property to qualify for homestead exemption against your creditors.
The answer depended on whether all persons who own the property claim homestead exemption. The property will be completely protected from creditors only if all the co-owners qualify for the homestead exemption. However, if just one co-owner does not qualify for the homestead creditor exemption, then your property can be subjected to lien, levy and foreclosure of that co-owner’s creditors.
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There is no "homesteaded". Most people confuse the filing for a property tax "homestead exemption" which limits the amount of the property that can be taxed.
What you are concerned with, and what the other attorneys are answering is the right to protect the home you are living in. If you are living there, it is your "HOMESTEAD", and then the article mentioned above explores your rights.
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