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Is my Florida home protected from creditors?

Yes, with exceptions: the Florida Constitution protects a homestead from forced sale by creditors, but not for some debts tied to the home.

The protection is in Article X, Section 4 of the Florida Constitution. Chapter 222 of the Florida Statutes, which sets out how a homestead is claimed, describes it as the provisions of the constitution and laws exempting property as a homestead from forced sale under any process of law.

As section 222.01 of the Florida Statutes lists them from the constitution, the protection does not apply to liens and judgments for

  • taxes and assessments on the property
  • obligations taken on to buy the property
  • labor, services or materials furnished to repair or improve it
  • other labor performed on the property

The constitution also limits how much land is protected. For a homestead outside the limits of a town or city, state law refers to a limit of 160 acres.

State law adds to this. Section 222.25 of the Florida Statutes protects a debtor's interest in one motor vehicle up to $5,000. Section 222.01 lets an owner record a signed statement in the circuit court describing the property claimed as homestead. Section 222.20 says Florida residents cannot use the federal bankruptcy exemptions; Florida's own exemptions apply instead.

Whether a particular debt can be collected against a particular home depends on the facts of the case. Ask a Florida lawyer before relying on this protection.

Where to go from here.

Generated image of a one-story Florida home with a tile roof and a palm, a couple standing at the open front door.01

How does Florida's homestead exemption work?

If you own your home and it is your permanent residence on January 1, you can file for the homestead exemption with the county property appraiser by March 1, and it lowers that year's tax bill.

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Generated image of a smiling couple signing a paper at an office counter while a clerk stamps it, with a Florida flag on the counter.02

How do I make Florida my legal home?

Florida law lets anyone who lives here show it in writing with a Declaration of Domicile, a sworn statement filed with the clerk of the circuit court in the county where you live (section 222.17 of the Florida Statutes).

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Generated image of an older couple signing papers at their dining table while two friends stand beside them as witnesses, a pool and palm trees outside.03

Do I need a new will when I move to Florida?

Not necessarily. A will signed in another state, other than a handwritten or spoken one, is valid in Florida if it was valid where it was signed.

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