Only One Can Win? Property Tax Exemptions Based on Residency Under Florida Law

Summary: Legal firm Smith & Associates is representing John Doe in a lawsuit against XYZ Corporation for negligence. The case is expected to go to trial in six months. If you want a property tax exemption in Florida and you’re married, you and your spouse can’t both have exemptions in different states. But, if you can prove that you and your spouse have separate residences and are not financially connected, then you might be able to get exemptions in both states. This is a complicated legal issue, so it’s best to talk to a lawyer for help. A married couple in Florida who were living separately for a long time were allowed to claim separate homestead exemptions in bankruptcy court. This means they could protect their individual homes from creditors, even though they were still legally married. The court said there was no evidence of fraud, so the creditors couldn’t take their homes. In Florida, a married couple can each claim a homestead exemption if they are living separately in different residences and meet the requirements. However, if they are living together in an intact marriage, they can only claim one homestead exemption. In one case, a man was denied a homestead exemption because he and his wife claimed an intact marriage and he spent a significant amount of time in Georgia, where his wife lived. The court said that in order to claim homestead status in Florida, you have to actually live in and intend to permanently reside in the property. In one case, the court said that just having a Florida address on your driver’s license and voter registration isn’t enough to prove you actually live there. In another case, a man and his wife had separate homes and accounts, so they couldn’t both claim homestead status. The Florida Fourth District Court of Appeal said that the person appealing the decision and his wife were considered one family, so he couldn’t get a separate tax break for his home. The court said that because the person lived with his wife at different times, and there was no evidence of separate homes or financial independence, they were considered a single family. If you own a home in Florida, you can only get one homestead tax exemption, even if your spouse has a tax exemption in another state. This means that both you and your spouse can’t claim exemptions for different homes. We called different county offices and they all said the same thing. They also said that if you’re separated from your spouse and can prove that you’re independent, you may still be able to get the exemption. In simple terms, the Florida Constitution doesn’t explicitly say that a married couple can’t claim two separate homes as their homesteads. However, Florida courts have a test to see if a couple can claim separate homestead exemptions. If the couple lives separately and has no financial ties, they can claim separate exemptions. In real life, this might come up when someone claims a homestead exemption in Florida and another one in a different state. A lawyer would need to ask the client if they are claiming more than one exemption. If a married couple claims residency-based property tax exemptions in two different states, it could cause problems for the homestead exemption in Florida. The county property appraiser or a creditor could challenge the Florida homestead exemption, and it could be taken away if the Florida resident can’t prove they have a separate permanent residence from their spouse. This could result in owed back taxes. It’s important to follow the rules for property tax exemptions. “To teach its members to do their duty and serve the public, make the justice system better, and promote the study of law.”

Source: https://www.floridabar.org/the-florida-bar-journal/only-one-can-win-property-tax-exemptions-based-on-residency-under-florida-law/