Abandonment of Florida Homestead

Submitted by Anonymous (not verified) on Thu, 06/04/2015 - 02:18
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A Florida homestead exemption may be lost by "abandonment". Various types of conduct may constitute "abandonment." Courts generally hold that once a property is established as a homestead, it does not lose that status until it is "abandoned."  Generally, a homestead is considered abandoned when it is no longer a bona fide home and place of permanent residence.

Owner's Intent 

The main consideration in the determination of whether a homestead has been abandoned is the owner's subjective "intent" and the physical absence from the property is not determinative. Placing a property on the market for sale or signing a contract for the sale of property may be relevant unless the homeowner can show a good faith intention to reinvest the proceeds in another homestead within a reasonable period of time.

Although Florida courts liberally construe the scope of the homestead exemption, they also "take care to prevent it from being an instrument of fraud."

Jordan E. Bublick - Miami Bankruptcy Lawyer - Kendall & Aventura Offices - (305) 891-4055 - www.bublicklaw.com