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Florida homestead exemption v. domicile

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    Florida homestead exemption v. domicile

    I recently inherited a house in North Florida. I have resided in South Florida for 40+ years. I currently rent after doing a short sale on personal residence and now need to file BK. I'm confused about domicile vs homestead. Once probate is finished the N Fla home will not have homestead for tax purposes, but does it retain homestead for bankrutpcy? If so, do I have to physically move from my current county to northern county to protect home from creditors? I'm told another option is to sell property and buy a new home in So. Fla using all the proceeds of sale. My question is if I am domiciled in Florida why does it matter what county I live in to protect the house? Any responses will be appreciated.

    #2
    There was a question concerning this on the local lawyer talk show this afternoon on WOKV Radio, Jacksonville. According to the attorneys on the program, in order to claim the homestead, you have to be titled on the deed as the homeowner, and it must be your primary residence. It cannot be titled in one name, with another person living there claiming the homestead.

    Here is a link to their page on WOKV: http://www.wokv.com/s/experts/consumer-law-hour/

    Hopefully, the 'Instant Replay' is today's show.

    Welcome to the forum.
    Last edited by AngelinaCat; 06-09-2012, 12:24 PM.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      Thank you. That helps.

      Comment

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