Key Takeaways
- Florida recognizes homestead protection in the state constitution, protecting the home from forced sale by most creditors
- Florida homestead is limited to 1/2 acre in a municipality or 160 acres outside a municipality
- Tenants by the entireties is available only to married couples and provides protection from individual creditors
- Florida is NOT a community property state—it uses common law property ownership between spouses
- The homestead exemption for property taxes provides up to $50,000 reduction in assessed value
Florida Property Ownership
Florida has unique property ownership laws, including constitutional homestead protection.
Important: This section covers Florida-specific property law. For general ownership concepts, see our Real Estate Salesperson exam prep.
Homestead Protection
Florida's Constitution (Article X, Section 4) provides strong homestead protection:
Size Limits
| Location | Maximum Size |
|---|---|
| Inside municipality | 1/2 acre (0.5 acre) |
| Outside municipality | 160 acres |
Key Difference from Texas: Florida limits homestead to 1/2 acre in cities (Texas allows 10 acres urban).
Creditor Protection
The homestead is protected from forced sale by creditors EXCEPT for:
| Exception | Description |
|---|---|
| Purchase money mortgage | Original loan to buy home |
| Property taxes | Federal, state, local taxes |
| Mechanic's liens | For work done on property |
| HOA/condo assessments | Association fees |
Homestead Tax Exemption
Separate from creditor protection, Florida offers property tax reductions:
| Exemption | Amount |
|---|---|
| Standard homestead | Up to $50,000 off assessed value |
| Save Our Homes cap | 3% annual assessment increase limit |
| Additional exemptions | For seniors, veterans, disabled |
Forms of Ownership
Tenancy by the Entireties
Available only to married couples in Florida:
| Feature | Description |
|---|---|
| Who can create | Married couples only |
| Right of survivorship | Automatic |
| Individual creditors | Cannot attach |
| Divorce | Converts to tenancy in common |
Exam Tip: Tenancy by the entireties protects property from individual creditor claims—only joint creditors can attach.
Other Forms of Ownership
| Form | Description |
|---|---|
| Tenancy in common | No survivorship, unequal shares allowed |
| Joint tenancy | Right of survivorship (requires express creation) |
| Sole ownership | One owner only |
Florida is NOT Community Property
Florida is a common law property state, not community property:
| Community Property States | Florida |
|---|---|
| Property acquired during marriage is community | Separate ownership unless titled jointly |
| Equal division in divorce | Equitable distribution in divorce |
| 9 states use this system | Common law system |
Homestead Restrictions on Transfer
Descent and Devise
Florida restricts what homeowners can do with homestead:
| Situation | Restriction |
|---|---|
| Owner with spouse | Cannot devise (will) homestead away from spouse |
| Owner with minor children | Cannot devise freely if spouse surviving |
| Sale of homestead | Both spouses must sign |
Spousal Consent Required
To sell or mortgage homestead:
| Action | Requirement |
|---|---|
| Sell homestead | Both spouses must sign deed |
| Mortgage homestead | Both spouses must sign mortgage |
| Lease homestead (3+ years) | Both spouses must sign |
What is the maximum size of an urban homestead in Florida?
Which form of ownership in Florida protects property from individual creditor claims?