Legal Question in Real Estate Law in Florida

I Just downloaded the Declaration of Homestead form

1) On the form instructions that I just bought for Declaration of Homestead it gives 4 situations where it will not apply. 3 of these make perfect sense. One of them I do not understand what they are referring to: obligations contracted for the purchase of real property - does this mean as with a mortgage company or something similar to do with the purchase of the property that I am wanting to homestead. Or is it about any property (ie as in someone suing me because I did not sell them a different property, that they felt they had the right to buy ). The latter is the case that I am filing this declaration of homestead for.

2) My sister a former attorney and says it is not necessary to fill out that form that just living in my home and my Homestead with the county for taxes is enough. But so many of these sites about it say you have to file the Declaration of Homestead with the state.


Asked on 8/27/14, 3:32 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The only reason a declaration of homestead would be needed in Florida is if someone was trying to collect on a judgment and was attempting to levy on the home. There are three homesteads in Florida and they are independent despite using the same verbage; 1. the constitutional protection against forced sale; 2. real property tax credit; 3. restrictions on devise. Only one of them requires an application and that is the real estate tax credit one.

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Answered on 8/28/14, 1:03 pm


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