The homestead exemption in Florida may refer to three different types of homestead exemptions under Florida law:
- exemption from forced sale before and at death per Art. X, Section 4(a)-(b) of the Florida Constitution[1];
- restrictions on devise and alienation, Art. X, Section 4(c) of the Florida Constitution;
- and exemption from taxation per Art. VII, Section 6 of the Florida Constitution.
Florida’s homestead exemption that provides an exemption from forced sale before and at death are among the most protective in the United States as it provides no limit to the value of certain real property that can be protected from creditors. The property tax exemption clause of Article VI renders property tax-free to the extent of certain dollar amounts in the value of the homestead.
The definition of a homestead is not necessarily co-extensive for Article X, Section 4(a)-(c) exemption purposes (exemption from creditors and restrictions on descent and distribution) and Article VI purposes (exemption from taxation). Both provisions apply automatically upon the establishment of a primary residence in Florida, but to reap the tax assessment benefits, the homestead exemption must be claimed by a filing with the local county property appraiser’s office. Homestead can be lost if the homeowner abandons use of the real property as a homestead.
A fourth benefit, while not as clearly an exemption as the above three, is also accorded to one’s homestead in Florida per Art. VII, Section 7 of the Florida Constitution. For tax purposes the year-to-year increase in assessed value of the homestead is limited to the lesser of 3% or the percentage change in the Consumer Price Index.
To learn more about how you can use the Florida Homestead exemption to protect your home contact our office for a free consultation.