Homestead Exemption

671 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Matthews v. Jeacle
  61 Fla. 686· Fla.· 1911-01-01 ·cited 30×
  This case concerns the partition of a lot of land. The appellant sought to have the lot declared a homestead and partitioned accordingly. The court affirmed the lower court's decision to sustain a demurrer to the bill, finding that the property in question had ceased to be a home
• Garcia v. Dyck-O'Neal, Inc.
  178 So. 3d 433· Fla. 3d DCA· 2015-10-07 ·cited 29×
  Garcia appeals a final default judgment awarding a deficiency judgment to Dyck-O'Neal following foreclosure of his residential property. The court affirms, holding that under Florida Statute § 702.06, a mortgagee may pursue a separate deficiency action unless the foreclosure cour
• Reinish v. Clark
  765 So. 2d 197· Fla. 1st DCA· 2000-07-20 ·cited 29×
  Stanley and Carol Reinish, Illinois residents who own property in Florida used as a part-time residence, challenged the constitutionality of Florida's homestead tax exemption as violating the Equal Protection Clause, Privileges and Immunities Clause, and dormant Commerce Clause.
• Osterndorf v. Turner
  426 So. 2d 539· Fla.· 1982-12-16 ·cited 29×
  The Florida Supreme Court held that a five-year durational residency requirement for receiving an enhanced $25,000 homestead tax exemption violates the equal protection clause of the Florida Constitution. The Court rejected the statute as failing even the rational basis test, fin
• Kimi T. Judd v. Schooley
  158 So. 2d 514· Fla.· 1963-12-13 ·cited 29×
  The Florida Supreme Court held that a married woman may establish a separate residence in her own property to qualify for homestead tax exemption even if her husband is domiciled elsewhere, provided she does so in good faith. The court rejected the District Court's requirement th
• Waymon Solomon v. Davis
  100 So. 2d 177· Fla.· 1958-02-05 ·cited 29×
  In this homestead exemption case, the Florida Supreme Court reversed the lower court's decision that allowed a married woman to claim homestead status as head of family based on her care and support of minor relatives living in her separate property. The court held that a presump
• Solary v. Hewlett
  18 Fla. 756· Fla.· 1882-01-01 ·cited 29×
  A creditor sought to enforce a judgment lien against property the debtor claimed as a homestead exemption. The Florida Supreme Court reversed the lower court's decree, holding that mere intention to occupy property as a homestead, without actual occupation, does not qualify for e
• Bartelt v. Bartelt
  579 So. 2d 282· Fla. 3d DCA· 1991-05-07 ·cited 28×
  The Florida Third District Court of Appeal holds that a decedent's adult son who inherits homestead property by devise takes the property free from the decedent's creditors' claims because he qualifies as an "heir" under the Florida Constitution's homestead exemption, regardless
• Point E. ONE Condo. Corp., Inc. v. Point E. Developers, Inc.
  348 So. 2d 32· Fla. 3d DCA· 1977-06-28 ·cited 28×
  Condominium owners challenged a 99-year recreational facility lease as unlawful under Florida's Deceptive and Unfair Trade Practices Act, Condominium Act, homestead constitutional protections, and antitrust statutes. The trial court dismissed all counts, but the appellate court a
• In re Stafos v. Laurence M. Jarvis in Bankruptcy
  477 F.2d 369· 10th Cir.· 1973-04-30 ·cited 28×
  The court held that the bankrupt's homestead exemption was limited to one acre after the land was annexed by the city.
• 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
• Long v. St. John
  126 Fla. 1· Fla.· 1936-10-26 ·cited 27×
  Martin Long sought to enjoin tax assessors from levying taxes on his homestead property to pay pre-existing bonded debt after Florida's 1934 constitutional amendment exempted homesteads (up to $5,000 valuation) from taxation. The Florida Supreme Court held that the homestead exem
• Oliver v. Snowden
  18 Fla. 823· Fla.· 1882-01-01 ·cited 27×
  This case clarifies that a homestead exemption in Florida requires actual residency on the claimed land. A debtor cannot claim a homestead in rural land located outside a town if their family's actual residence is within the town.
• Stephen LAW v. Siegel
  571 U.S. 415· U.S.· 2014-03-04 ·cited 26×
  The Supreme Court held that a bankruptcy court cannot use a debtor's exempt property to pay administrative expenses, even when the debtor engaged in fraudulent conduct that caused those expenses. The Court rejected the equitable surcharge doctrine as contrary to the express statu
• S. Walls, Inc. v. Stilwell Corp. & Andrew O. Stilwell
  810 So. 2d 566· Fla. 5th DCA· 2002-03-08 ·cited 26×
  Southern Walls appeals from a summary judgment holding that Andrew Stilwell's cooperative apartment qualifies for homestead exemption under the Florida Constitution and is therefore exempt from forced sale to satisfy a judgment. The Fifth District affirms, establishing that coope
• In re Est. OF Margarette Price v. W. Fla. Hosp., Inc.
  513 So. 2d 767· Fla. 1st DCA· 1987-10-07 ·cited 26×
  The court affirmed that proceeds from the sale of a homestead property, when sold pursuant to the decedent's will without intent to reinvest in another homestead, lose their homestead character and become available to satisfy the decedent's creditors.
• In re Layne A. Lindberg and Barbara Jean Lindberg v. Layne A. Lindberg and Barbara Jean Lindberg
  735 F.2d 1087· 8th Cir.· 1984-06-06 ·cited 26×
  Debtors whose Chapter 13 cases are converted to Chapter 7 may claim a different homestead exemption at the time of conversion than originally designated, provided the change is not fraudulent.
• Killian v. Lawson
  387 So. 2d 960· Fla.· 1980-09-11 ·cited 26×
  The Florida Supreme Court held that a divorced man paying court-ordered alimony as his ex-wife's sole means of support qualifies as the "head of a family" entitled to wage garnishment exemption under Florida law. The court affirmed the Fourth District Court of Appeal, rejecting t
• State v. Williams
  343 So. 2d 35· Fla.· 1977-02-25 ·cited 26×
  The Florida Supreme Court reviewed whether Section 27.56, Florida Statutes, which creates a lien on public defender recipients' property to recoup costs, violates the Equal Protection Clause. The Court upheld the statute as constitutional after interpreting it to provide judgment
• Horne v. Markham
  288 So. 2d 196· Fla.· 1973-12-05 ·cited 26×
  Horne, a taxpayer, challenged the denial of his 1972 homestead tax exemption application filed five days late, arguing the April 1 filing deadline and denial procedure violated due process. The Florida Supreme Court affirmed that the Constitution does not guarantee an absolute ri
• Belfield v. Lochner
  162 So. 2d 668· Fla. 3d DCA· 1964-03-18 ·cited 26×
  In this Florida property dispute, the court affirmed a lower court decree that set aside a 1952 deed conveying homestead property on the grounds that it violated Florida's constitutional homestead exemption. The appellate court held that appellants failed to provide a proper tria
• Juarrero v. Juarrero
  157 So. 2d 79· Fla.· 1963-10-23 ·cited 26×
  The court considered whether the County Manager had the power to summarily discharge the sheriff without notice, finding that such action violated the sheriff's constitutional rights.
• 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
• Hart v. Gulf Fertilizer Co.
  91 Fla. 991· Fla.· 1926-05-24 ·cited 26×
  L. Margaret Hart sought to enjoin execution of judgment against property she purchased, claiming the property was the homestead of the judgment debtor W. J. Trowell and thus exempt from creditor process. The Florida Supreme Court reversed the dismissal of her complaint, holding t
• Palmer v. Palmer
  47 Fla. 200· Fla.· 1904-01-01 ·cited 26×
  The Florida Supreme Court reversed a judgment awarding possession of a homestead to a deceased husband's heir, holding that under the 1885 Florida Constitution, a homestead with surviving widow and children cannot be disposed of by will and must inure to the widow and heirs by op
• Randall v. Bourguardez
  23 Fla. 264· Fla.· 1887-01-01 ·cited 26×
  The court reversed a foreclosure decree, holding that while a mortgagor in undisturbed possession cannot use a breach of warranty as a defense to foreclosure, a personal deficiency judgment against married women is impermissible. The case clarifies the limits of defenses in forec
• Brokaw v. McDougall
  20 Fla. 212· Fla.· 1883-06-01 ·cited 26×
  This case addresses the dower rights of a widow in real estate and whether a partition commissioner's report should be set aside for alleged inequality in the division of property. The Florida Supreme Court affirmed the lower court's decision, holding that a widow's dower right i
• Westport Recovery Corp. v. Midas
  954 So. 2d 750· Fla. 4th DCA· 2007-05-02 ·cited 25×
  Westport Recovery Corporation sought declaratory relief regarding whether a homestead notice filed by the Gentiles affected Westport's interest in property levied upon to satisfy a judgment against Nancy Midas. The court affirmed dismissal on mootness grounds, holding that Westpo
• In re Sullivan
  680 F.2d 1131· 7th Cir.· 1982-05-19 ·cited 25×
  Section 522(b)(1) of the Bankruptcy Code, which permits states to opt out of federal exemptions, does not violate the Constitution's uniformity clause or impermissibly delegate Congressional power.
• AETNA Ins. Co. v. LaGASSE
  223 So. 2d 727· Fla.· 1969-05-14 ·cited 25×
  Aetna Insurance Company obtained a judgment lien in 1961 against LaGasse, who later inherited property with a vested remainder interest in 1965 while her mother held a life tenancy. The Florida Supreme Court held that Aetna's recorded judgment lien attached to LaGasse's remainder
• Fleming v. Turner
  122 Fla. 200· Fla.· 1935-12-03 ·cited 25×
  Fleming challenges Dade County's imposition of property taxes on her homestead for debt service on refunding bonds delivered after Florida's November 6, 1934 Homestead Tax Exemption Amendment. The Florida Supreme Court holds that refunding bonds delivered post-amendment are new c
• 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.
• Harris Isaacson v. Isaacson
  504 So. 2d 1309· Fla. 1st DCA· 1987-03-05 ·cited 24×
  The Florida First District Court of Appeal reversed a trial court's imposition of an equitable lien on homestead property to recover unpaid child support and alimony arrearages. The court held that while equitable liens can theoretically be imposed on homestead property in cases
• United States v. Fay Heasley
  283 F.2d 422· 8th Cir.· 1960-10-24 ·cited 24×
  A promissory note, even if secured by a mortgage on real estate, cannot judicially satisfy a federal tax liability and authorize the release of the government's lien on other property, as such release must comply with specific statutory provisions.
• 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.
• Atwell v. The W. Fire Ins. Co.
  120 Fla. 694· Fla.· 1935-08-29 ·cited 24×
  The Florida Supreme Court upheld an insurance company's bill of interpleader where two parties claimed the same insurance proceeds—the insured homeowners and a mortgage lender—resolving that the mortgagee had an equitable lien on the proceeds under a covenant to insure in the mor
• Hutchinson Shoe Co. v. Turner
  100 Fla. 1120· Fla.· 1930-11-03 ·cited 24×
  The Florida Supreme Court held that a judgment lien does not attach to homestead property that is constitutionally exempt from forced sale, even if the judgment was recorded before the homestead was conveyed. The court rejected the argument that homestead protection requires an a
• Halle v. Einstein
  34 Fla. 589· Fla.· 1894-06-01 ·cited 24×
  In this married women's property rights case, the Florida Supreme Court held that a married woman's separate statutory property—both real and personal—may be charged in equity for the purchase price of property purchased by her, even absent a written agreement. The court modified
• 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.
• Schooley v. Kimi T. Judd
  149 So. 2d 587· Fla. 2d DCA· 1963-01-30 ·cited 23×
  Mrs. Judd sought homestead tax exemption for Florida property titled in her name where she resided, but her husband had established domicile in Washington, D.C. The court held she failed to establish the requisite good faith permanent home because she did not prove necessity for
• Sparkman v. State Ex Rel. Scott
  58 So.2d 431· Fla.· 1952-04-22 ·cited 23×
  The Supreme Court of Florida reviewed a statute that required a one-year residency in Florida to claim homestead tax exemption. The court found this requirement unconstitutional, holding that the legislature cannot add conditions to constitutional rights.
• Mollie Rappaport v. Frieda Kalstein
  156 Fla. 722· Fla.· 1946-01-04 ·cited 23×
  The Florida Supreme Court affirmed dismissal of a complaint seeking to impose a constructive trust on real property (Mecca Apartments) conveyed by a father to his daughter. The court held that without sufficient allegations supporting an express, resulting, or constructive trust,
• Coleman v. Williams
  146 Fla. 45· Fla.· 1941-02-04 ·cited 23×
  The court held that the property constituted the homestead of the husband and was exempt from forced sale under execution, even though title was initially held by the wife or jointly, because he held beneficial ownership and occupied it as his family home.
• The Dania Bank v. Wilson & Toomer Fertilizer Co.
  127 Fla. 45· Fla.· 1937-02-04 ·cited 23×
  The Florida Supreme Court reversed a lower court decree that protected property as homestead from a creditor's execution sale, holding that the property lacked homestead character at the time of levy of attachment because F.G. Taylor, though living on the property with his son La
• Turner Horne v. Carter's Administrators
  20 Fla. 45· Fla.· 1883-06-01 ·cited 23×
  Turner Horne appeals an ejectment judgment for possession of a 75-acre tract of land in Jackson County, Florida. The primary issues concern whether adverse possession could bar recovery, whether a verbal gift from Horne's father created sufficient title, and whether the jury was
• 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
• Mannie P. Chasteen v. J. F. Chasteen and his wife
  213 So. 2d 509· Fla. 1st DCA· 1968-08-20 ·cited 22×
  Six heirs of J. R. Chasteen appealed a decree quieting title to 200 acres in J. F. Chasteen (Fred Chasteen), one of the heirs who claimed adverse possession. The court held that Fred acquired title by adverse possession as to his adult siblings but failed to establish adverse pos
• Jones v. Kemp
  144 F.2d 478· 10th Cir.· 1944-07-05 ·cited 22×
  A federal tax lien attaches to all property rights of a taxpayer, and state homestead exemptions do not prevent its enforcement, especially when the claimant's marital status was not legally established at the time the lien attached.
• Osborne v. Dumoulin
  55 So. 3d 577· Fla.· 2011-02-03 ·cited 21×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding the interpretation of section 222.25(4), Florida Statutes, which provides a $4,000 personal property exemption for debtors who do not claim or receive the benefits of the constitutional ho