Your primary residence in Florida (“Homestead”) can be a very useful tool for protection of assets from creditors during your life, and after your death for the benefit or your spouse and heirs.
The Florida Constitution, Article X, Section 4 sets forth the applicable restrictions on forced sale and the devise of your Homestead. If your Homestead is one-half acre or less within a municipality or 160 acres or less outside a municipality, the entire Homestead is generally protected from forced sale by someone that sues you and obtains a judgment. This same protection from judgment creditors will also benefit your spouse and/or heirs who inherit your Homestead after you’re gone.
However, there are exceptions to every rule and your actions could unwittingly subject your Homestead to the claims of creditors. Have I peaked your interest? If so, you won’t want to miss my series of blog posts discussing Homestead issues in Florida. Stay tuned!
Heather L. Ries is an attorney with the Financial Restructuring and Bankruptcy Department of the law firm of Fox Rothschild LLP. Heather focuses her practice in matters related to bankruptcy, creditors’ rights, commercial workout and foreclosure disputes, and commercial litigation. You can contact Heather at 561-804-4419 or hries@foxrothschild.com.