The Longstanding Concept of Abandonment of the Homestead Did Not Survive the 1985 Amendments to the Florida Constitution

In 1984, Florida voters changed the state constitution to protect more people’s homes. Before the change, only families were protected. After the change, single people and those without dependents were also protected. This meant that it was harder for the government or creditors to take away someone’s home, even if they were single. The Florida Constitution protects homestead property in three ways: 1) from taxes, 2) from being sold by creditors, and 3) with restrictions on how it can be passed down to heirs. The definition of “homestead” for inheriting property is the same as for the tax exemption and co-op property, according to the courts. The purpose of homestead protection is to give homeowners and their families a stable place to live without worrying about creditors. Before 1985, only the head of a family could claim homestead rights, but after the amendment, single people and those with no dependents could also claim homestead protection. The concept of “abandonment” no longer applies after the amendment. The homestead exemption in Florida protects a person’s primary residence from being taken away to pay debts. To qualify for this protection, a person must intend for the property to be their main home and actually live there. Even if they are temporarily away for things like work, health, or travel, it doesn’t mean they’ve abandoned their homestead. If a property owner dies before selling their homestead, the money from the sale is still protected if it’s going to be used to buy another home. These protections are meant to make sure people have a stable place to live even if they have financial problems. These are references to specific laws, court cases, and legal definitions in Florida. They are used by lawyers and judges to help make decisions in legal cases. They’re not really important unless you’re studying law. These are citations from legal cases in Florida. The last paragraph is about an attorney named Alex Cuello who specializes in elder law. He works at a law firm in Miami and is recognized for his expertise in this area. The column is from the Elder Law Section, which focuses on legal issues affecting older adults.

Source: https://www.floridabar.org/the-florida-bar-journal/the-long-standing-concept-of-abandonment-of-the-homestead-did-not-survive-the-1985-amendments-to-the-florida-constitution/