Abandonment Of Homestead

64 Florida cases classified under this topic · sorted by citation count · see the citation graph

• Hillsborough Inv. Co. v. Wilcox
  152 Fla. 889· Fla.· 1943-05-07 ·cited 62×
  Hillsborough Investment Company sought to collect on a judgment against Helen M. Wilcox by arguing that homestead property in Bradenton, Florida lost its exempt status when Wilcox allegedly abandoned it to become a resident of Massachusetts between 1935 and 1937. The Florida Supr
• Ingram P. Barlow, JR. v. Mrs. Lucie Hoage Barlow
  156 Fla. 458· Fla.· 1945-10-19 ·cited 40×
  This case concerns whether a wife abandoned her husband's homestead by leaving their home prior to his death, thus forfeiting her claim to it.
• Collins v. Collins
  150 Fla. 374· Fla.· 1942-04-10 ·cited 40×
  Louise Jones Collins appeals a decree denying her homestead rights in property in Dade County, Florida. The Florida Supreme Court reversed, holding that temporary rental of the homestead property to tourists during a season did not constitute abandonment of homestead status, as l
• Anderson Mild & Lumber Co. v. Clements
  101 Fla. 523· Fla.· 1931-05-07 ·cited 40×
  Anderson Mild and Lumber Company sought to enforce a material man's lien against real property owned by the Clements. The Florida Supreme Court held that while the lien was timely filed and the suit was brought within the statutory period, the lien could not be enforced against t
• In re Est. of Garrett Edwin van Meter v. van Meter
  214 So. 2d 639· Fla. 2d DCA· 1968-10-16 ·cited 37×
  In this probate appeal, the Second District Court of Appeal reversed the lower court's finding that a ten-acre tract was the homestead of a deceased husband, despite his widow's surviving him, because the essential element of 'family home' was lacking. The court held that a homes
• Beck v. Wylie
  60 So. 2d 190· Fla.· 1952-08-08 ·cited 36×
  The Florida Supreme Court reversed a lower court's decision, holding that a daughter's departure from her mother's home did not automatically disqualify the home from homestead status. The court emphasized that the mother, despite the daughter's conduct, remained the head of the
• Murphy v. Farquhar
  39 Fla. 350· Fla.· 1897-01-01 ·cited 36×
  The Farquhars sought to enforce homestead rights in property after it was sold under a judgment creditor's execution and subsequently sold at a commissioner's sale. The Florida Supreme Court reversed, holding that the Farquhars had abandoned the property as a homestead by relocat
• Olesky v. Nicholas
  82 So. 2d 510· Fla.· 1955-09-16 ·cited 34×
  The Florida Supreme Court affirmed a lower court decision exempting the deceased parents' homestead property from judgment liens obtained by creditors on malicious prosecution claims. The court held that homestead exemptions apply broadly to protect against all judgment liens exc
• McEwen v. Larson
  136 Fla. 1· Fla.· 1939-01-20 ·cited 32×
  This case addresses the validity of conveyances and a mortgage on property that included both a homestead and rental apartment buildings in Orlando, Florida. The Florida Supreme Court held that the owner abandoned homestead exemption rights in the portion used for rental purposes
• Wilson v. Fla. Nat. Bank & Tr. Co. at Miami
  64 So. 2d 309· Fla.· 1953-03-13 ·cited 28×
  This case concerns whether a 35-acre tract of land in Florida constituted homestead property subject to intestate descent or property subject to the widow's dower rights. The Florida Supreme Court held that the 35 acres retained their homestead character despite the five-acre res
• Eliza McDougall v. Louisa Meginniss
  21 Fla. 362· Fla.· 1885-01-01 ·cited 28×
  This case concerns whether a portion of a 160-acre homestead tract, not enclosed or actively used by the owner, can still be considered part of the homestead and thus exempt from sale. The court held that under Florida law, if the owner resides on the land and it does not exceed
• Taylor v. Maness
  941 So. 2d 559· Fla. 3d DCA· 2006-11-15 ·cited 27×
  The Taylors sued the Manesses to enforce a real estate contract for the Marathon Property after Mr. Maness terminated it. The court held that the Marathon Property constituted the Manesses' homestead, protected from forced sale under Florida's homestead exemption, and that Mrs. M
• O'Neal v. Miller
  143 Fla. 171· Fla.· 1940-05-24 ·cited 26×
  In this case involving a homestead exemption claim, the Florida Supreme Court held that a wife and minor daughter's temporary departure from the family homestead due to the husband's cruelty did not constitute abandonment of the homestead, particularly where the marital relation
• Cain v. Cain
  549 So. 2d 1161· Fla. 4th DCA· 1989-10-11 ·cited 24×
  The court held that the trial court erred in applying the 'head of the family' standard to deny the husband's homestead exemption after the 1985 amendment to the Florida Constitution.
• Marsh v. Hartley
  109 So. 2d 34· Fla. 2d DCA· 1959-02-13 ·cited 24×
  The court affirmed the trial court's decision declaring void two deeds that attempted to convert John E. Hartley's homestead property from homestead status to an estate by the entireties, holding that Hartley did not abandon his homestead despite a four-year absence for employmen
• City OF Jacksonville & C. W. Hendley v. Bailey
  159 Fla. 11· Fla.· 1947-05-20 ·cited 24×
  Temporary absence from a homestead, even for rental purposes, does not constitute abandonment if the owner maintains the intention to return and occupy it as their permanent home.
• In re Neis
  723 F.2d 584· 7th Cir.· 1983-12-21 ·cited 23×
  The court held that the district court erred in making additional findings of fact when reviewing a bankruptcy court decision, as the determination of a debtor's intent regarding homestead exemption is a question of fact for the bankruptcy court.
• Nationwide Fin. Corp. of Colo. v. Thompson
  400 So. 2d 559· Fla. 1st DCA· 1981-07-07 ·cited 22×
  Nationwide Financial Corporation sought to enforce a judgment lien against Jack Thompson's interest in his marital residence, which was protected by Florida's homestead exemption. The court reversed the trial court's dismissal and remanded for factual determination of whether Jac
• The Fid. & Cas. Co. of N.Y. v. Magwood
  107 Fla. 208· Fla.· 1932-11-09 ·cited 19×
  Fidelity & Casualty Company obtained a judgment against R. H. Magwood and assigned it to pursue a creditors' bill that resulted in the sale of Magwood's homestead property, which had been conveyed to trustees for their minor children. The Florida Supreme Court reversed, holding t
• Burdick v. Isadore Burdick
  399 So. 2d 410· Fla. 3d DCA· 1981-06-02 ·cited 18×
  The Florida District Court of Appeal reversed a trial court's decision denying a widow homestead status on her residence. The appellate court found that the trial court erred by failing to apply the law of the case established by prior orders, which had determined the husband was
• Beensen v. Burgess
  218 So. 2d 517· Fla. 4th DCA· 1969-02-12 ·cited 18×
  Plaintiffs purchased real property from Walter Dunn in 1964, but defendants held judgment liens against Dunn recorded before the sale. The court held that the property retained its constitutional homestead exemption status despite Dunn's temporary vacation of the property before
• COY v. Mango BAY Prop. & Invs., Inc.
  963 So. 2d 873· Fla. 4th DCA· 2007-08-22 ·cited 17×
  Clyde Coy appeals the denial of his motion to prohibit the foreclosure sale of a marital home titled in his wife's name, asserting he had a constitutionally protected homestead right. The Fourth District reversed and remanded, holding that the foreclosure court erred by failing t
• In re the Est. OF Randolph A. Skuro
  467 So. 2d 1098· Fla. 4th DCA· 1985-05-01 ·cited 17×
  The Fourth District Court of Appeal affirmed that a contract for sale of homestead property executed before the owner's death does not destroy the property's homestead status. The court rejected the doctrine of equitable conversion as applied to homestead property, holding that h
• In re Est. OF John A. Scholtz
  543 So. 2d 219· Fla.· 1989-05-04 ·cited 15×
  The Florida Supreme Court held that the doctrine of abandonment, which previously allowed a homeowner to devise homestead property despite a constitutional prohibition when the surviving spouse abandoned the home, is no longer viable after the 1985 amendment to Florida's homestea
• In re Est. OF Ira C. Boyd
  519 So. 2d 692· Fla. 4th DCA· 1988-02-03 ·cited 12×
  The Fourth District Court of Appeal held that the doctrine of abandonment, as previously applied to homestead property in Barlow v. Barlow, did not survive the 1985 amendment to Florida's homestead constitutional provisions. The surviving spouse is therefore entitled to homestead
• Poppell v. Padrick
  117 So. 2d 435· Fla. 2d DCA· 1959-12-23 ·cited 12×
  The Florida District Court of Appeal affirmed a homestead tax exemption for property that the taxpayers had temporarily rented out while staying with the taxpayer's elderly mother. The court held that temporary absences from a homestead, even when the property is rented to others
• L'Engle v. Forbes
  81 So. 2d 214· Fla.· 1955-06-01 ·cited 12×
  The Florida Supreme Court held that a military service member and his wife did not abandon their homestead property despite renting it out and residing elsewhere due to his military service orders, and that the service member was entitled to the homestead tax exemption for 1953 u
• Simpson v. Barney Hirshberg
  159 Fla. 25· Fla.· 1947-05-20 ·cited 12×
  The Florida Supreme Court held that a homestead property retains its tax-exempt status despite a defective deed transfer and change in ownership when both the predecessor and successor owners maintain continuous use of the property as a homestead.
• In re Bradley v. Pac. Sw. Bank, FSB
  960 F.2d 502· 5th Cir.· 1992-05-13 ·cited 11×
  A debtor's actual use and possession of property for homestead purposes, even if accompanied by a disclaimer or intent to develop, establishes homestead rights, and lenders have a duty to inquire into such use.
• In re Est. OF Samuel J. Melisi
  440 So. 2d 584· Fla. 4th DCA· 1983-09-21 ·cited 11×
  This case addresses whether a decedent's interest in property owned jointly with his ex-spouse constitutes homestead property that is non-devisable when the decedent is survived by a minor child. The court reversed the trial court's determination that the property was not homeste
• Hussa v. Hussa
  65 So. 2d 759· Fla.· 1953-06-05 ·cited 10×
  This case concerns whether property in Fort Myers, Florida constituted homestead property of Dr. Philip Hussa and whether it was abandoned. The Florida Supreme Court affirmed the lower court's finding that the property never acquired homestead status and, alternatively, that any
• In re Rodger A. Monson and Linda S. Monson v. First Nat'l Bank OF Bradenton
  497 F.2d 135· 5th Cir.· 1974-07-05 ·cited 8×
  The court held that the debtors did not abandon their Florida homestead exemption despite a temporary absence due to marital discord and reconciliation efforts.
• Gardner v. Johnson
  195 F.2d 717· 9th Cir.· 1952-03-22 ·cited 8×
  A bankrupt waives their right to a homestead exemption by failing to schedule the property and by conveying it, even if the conveyance is later set aside as fraudulent.
• Evaristo Beltran and Grisel Beltran v. Kalb
  63 So. 3d 783· Fla. 3d DCA· 2011-03-16 ·cited 6×
  The Third District Court of Appeal reversed the trial court's denial of a motion to vacate a sheriff's sale of homestead property, holding that both the ex-wife Carmen and ex-husband Evaristo maintained homestead interests in the marital residence that were exempt from forced sal
• Luskin v. Luskin
  616 So. 2d 559· Fla. 4th DCA· 1993-03-31 ·cited 6×
  The Luskins appealed from trial court judgments granting orders for sheriff's sale of their real properties based on unpaid judgments owed to Marie Ruth Luskin and a law firm. The appellate court affirmed the trial court's finding that the Luskins engaged in fraudulent conveyance
• In re Peterson v. Peterson
  897 F.2d 935· 8th Cir.· 1990-03-01 ·cited 6×
  A debtor's homestead exemption, properly claimed at the time of filing a bankruptcy petition, is determined by the facts and law existing on that date and does not lapse upon the debtor's subsequent death, even if there is no surviving spouse or dependent child.
• In re Shearn Moody, Jr. v. Shearn Moody, Jr.
  862 F.2d 1194· 5th Cir.· 1989-01-12 ·cited 6×
  A debtor's fraudulent conveyances do not extinguish homestead rights under Texas law if the debtor never intended to abandon the homestead. The Texas Property Code limits a single adult's rural homestead to 100 acres.
• JOE T. Dehmer Distribs., Inc. v. Murry Owen Temple
  826 F.2d 1463· 5th Cir.· 1987-09-18 ·cited 6×
  The court held that Owen's conveyance of his interest in the Madison County property to Joyce was a fraudulent transfer because Owen was largely indebted and insolvent, and Joyce provided only nominal consideration. The court also held that Owen had abandoned his homestead rights
• In re Commander Robert E. Bacchus v. Vince Taylor
  718 F.2d 736· 5th Cir.· 1983-10-31 ·cited 6×
  The court held that it lacked jurisdiction to hear the appeal because the district court's order reversing summary judgment and remanding for a hearing on a material fact issue was not a final order.
• Saint-Gaudens v. Penelope R. Bull (formerly Penelope R. Saint-Gaudens
  74 So. 2d 693· Fla.· 1954-09-28 ·cited 6×
  Homer Saint-Gaudens sought to subject the Cutler property to payment of a judgment against Penelope Bull, claiming the property was not her homestead and that Bull's conveyance to her daughter Cort was fraudulent. The Florida Supreme Court affirmed the trial court's finding that
• Howard v. Calhoun
  155 Fla. 689· Fla.· 1945-03-09 ·cited 6×
  The Florida Supreme Court held that a landlord's statutory lien on a tenant's personal property placed in a rental apartment does not violate the constitutional exemption of personal property from forced sale, where the tenant voluntarily brought the property into the apartment k
• Croker v. Croker
  S.D. Fla.· 1925-07-22 ·cited 6×
  Richard Croker acquired property in Florida and occupied it as his homestead with his wife until his death in 1922. His children challenged the validity of various conveyances and contracts affecting the homestead, arguing that the property descended to the widow and heirs under
• Novoa v. Amerisource Corp.
  860 So. 2d 506· Fla. 3d DCA· 2003-11-26 ·cited 4×
  The Novoas appealed a summary judgment foreclosing on their real property by judgment creditor AmeriSource Corporation. The Third District Court of Appeal reversed, holding that the Novoas presented sufficient evidence of homestead status and intent to create genuine issues of ma
• W. C. Barclay and Wife v. Robertson
  67 Fla. 416· Fla.· 1914-04-29 ·cited 4×
  Robertson brought an ejectment action against W.C. Barclay and his wife for possession of 240 acres of land based on a sheriff's sale under execution. Barclay claimed the land was his homestead and introduced a deed to his wife to shield the property from creditors, but the trial
• Colwell v. Royal Int'l Trading Corp.
  226 B.R. 714· S.D. Fla.· 1998-10-14 ·cited 3×
  A married couple living separately in individually owned properties, each claimed as a homestead for tax purposes, can claim dual homestead exemptions in bankruptcy under Florida law, absent evidence of fraud.
• In re Est. OF John A. Scholtz
  525 So. 2d 516· Fla. 4th DCA· 1988-06-01 ·cited 3×
• Dean v. Heimbach
  409 So. 2d 157· Fla. 1st DCA· 1982-01-28 ·cited 3×
  William Dean and his sons appealed a judgment that set aside their conveyances of homestead property and allowed attachment by a judgment creditor. The court reversed, holding that homestead property is exempt from creditor claims and cannot be fraudulently conveyed because credi
• Brown v. Lewis
  520 F. Supp. 1114· M.D. Fla.· 1981-08-27 ·cited 3×
  The court held that the property retained its homestead status at the time of sale because the owner's relinquishment of possession was part of the sales transaction, not an abandonment of homestead intent.
• Furst v. ROD Rebholz
  302 So. 3d 423· Fla. 2d DCA· 2020-06-19 ·cited 2×
  The court affirmed a lower court's decision to reinstate a homeowner's full homestead tax exemption, finding that Florida law does not authorize the division of a permanent residence for tax purposes based on renting out portions of the home. However, the court reversed the porti
• Caryn Hall Yost-Rudge v. A to Z Props., Inc.
  263 So. 3d 95· Fla. 4th DCA· 2019-02-06 ·cited 2×
  The wife appeals a trial court's grant of summary judgment in favor of a buyer who purchased homestead property from the wife's husband without her consent or signature. The central issue is whether the property lost its homestead protection due to abandonment when the wife and h