Homestead Waiver Declared Invalid; Big Win For Florida Homeowners As State Exemption From Forced Sale Dodges Bullet

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How to file for homestead exemption in Florida Waiver of Florida Spousal Homestead Rights by Deed Upheld Summary: A recent Florida appellate decision finds that the joinder of a spouse on a deed of homestead property to a trust constitutes a valid waiver of homestead rights, even though the deed contains no waiver language.

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In that case, as here, the surviving spouse had waived homestead previously and no minor children survived the decedent.. . . Article X, section 4(c) of the Florida Constitution expressly authorizes a husband and wife to alienate their homestead property "by mortgage, sale or gift," and that is what both spouses did in 1979.

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State law allows Florida homeowners to claim up to a $50,000 Homestead Exemption on their primary residence. The first $25,000 of this exemption applies to all taxing authorities. The second $25,000 excludes School Board taxes and applies to properties with assessed values greater than $50,000.

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Ah, that’s where it gets tricky. Some counties will use the above provision as a basis for denying you a Florida homestead exemption because they believe that, even if you are not on the title to the property, because you are married, you are indirecly benefiting from your spouse’s out-of-state homestead exemption.

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Homestead Exemptions Across the States: A homestead is the primary residence owned and lived in by a person or a family. A homestead exemption protects at least part of the value of the homestead from creditors. Texas and a few other states, as the second column in the table below shows, provide unlimited protection up to the full value of a home.

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