Cantwell & Goldman PA
Call Today for the Answers You Deserve 866-583-9129
In This Section

A look inside Florida’s “homestead” definitions

When Florida became a state back in 1845, it was well before electricity and air conditioning were in homes. In an effort to try to get folks to pull up stakes and move to Florida, leaders devised a way to provide settlers protections they would not be likely to get elsewhere.

Homestead in Florida was granted to provide the adventurous with incentives to move here, as well as to prevent creditors from forcing the sale of a property and to provide a surviving spouse and family a place to call home.

The Florida Homestead Act of 1862 was bolstered in 1934 when Section 7 was bolted on to Article X of the state constitution.

The three laws of “homestead” can be simply in basic form like so:

  • Exemption from a forced sale: so even if a court grants a money judgment against a homeowner, the creditor in the case won’t be able to get your home as payment (though there are a few rare exceptions to this rule).
  • Restrictions on transfer: this restriction prevents an owner from transferring the homestead property without a waiver from a spouse. Also, without a waiver, the property goes to the owner’s surviving spouse after death.
  • Property tax exemption: the constitutional property tax exemption says that the first $25,000 assessed value of a homestead is exempt from property taxes (another $25,000 reduction is available when a home is worth more than $50,000).

Homestead law is not intuitive or simple, so if you have questions, contact an experienced Brevard County attorney who understands both real estate law and estate planning.

No Comments

Leave a comment
Comment Information

Contact Our Attorneys Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Cantwell & Goldman, P.A., Attorneys & Lawyers, Cocoa, FL


Cantwell & Goldman PA
96 Willard St., #302
Cocoa, FL 32922

Toll Free: 866-583-9129
Cocoa Law Office Map


We speak Spanish, Hindi, Mandarin Chinese and Japanese

Review Us