Legal Question in Credit and Debt Law in Florida
homestead declaration for florida
I need a homestead declaration for married couples in florida to protect us from creditors or judgements against us. Do you knoe where we can get these forms?
3 Answers from Attorneys
Re: homestead declaration for florida
If you own your primary residence (paying a mortgage or own it outright), you can apply for a homestead exemption with your county property appraiser or tax collector. If your home meets the requirements of the homestead exemption, ths residence will be exempt from levy from creditors (except of course, from the mortgage holder).
Re: homestead declaration for florida
yes.
Re: homestead declaration for florida
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You can get a Declaration of Domicile from most offices of the Clerk of the Court in whichever county you live in. This is the official court form which accomplishes what you are seeking. You can also apply for the homestead exemption at the office of the property appraiser in your county. If approved, your home will receive the homestead exemption.
There are services who will prepare a Declaration of Homestead but it is probably a superfluous instrument meant to part some people with their money.
Scott R. Jay, Esq.