Homestead Waiver Declared Invalid; Big Win For Florida Homeowners As State Exemption From Forced Sale Dodges Bullet

2. that I/the property owner meet(s) the qualifications under Texas law for the residence homestead exemption for which I am applying; and 3. that I/the property owner do(es) not claim an exemption on another residence homestead or claim a residence homestead exemption on a residence homestead outside Texas.

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The Ninth Circuit’s holding in Wilson means that if the debtor has used the automatic homestead exemption instead of the recorded homestead exemption, and then voluntarily sells the property after court-ordered abandonment, the net proceeds of the sale are not exempt, and are fair game for the Trustee to seize.

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what I find interesting and I have spent hours researching the subject of homestead exemptions for married couples. No where on any of the homestead applications is there a question "does your spouse receive a homestead exemption in another state. Basically it says any Person is entitled to this exemption if they can prove residency.

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In that case, as here, the surviving spouse had waived homestead previously and no minor children survived the decedent.. . . Article X, section 4(c) of the Florida Constitution expressly authorizes a husband and wife to alienate their homestead property "by mortgage, sale or gift," and that is what both spouses did in 1979.

The Florida Property Tax Exemption for Homesteaded Property provides valuable tax benefits to owners of real property in Florida. Homestead exemption tax benefits include a reduction in the taxable value of a primary residence, as well as a cap on any increase in the taxable value of the residence.

In fact, Fla.Stat. 196.031 prohibits anyone who receives the benefit of a residency-based property tax exemption or tax credit in another state from also receiving a Florida homestead exemption. Thus, not only can you not claim two Florida homestead exemptions, but you also cannot claim an additional residency-based exemption in another state.