Estate Planning

Does Florida's Constitution Provide Homestead Protection for Same-Sex Couples?

By David M. Goldman

Florida's Constitution severely restricts a judgment creditor's ability to place a lien on, and force the sale of the homestead property. The purpose of homestead protection is to protect the family home from all but a few qualified creditors. To qualify as homestead property, the property must be owned by a real person, as opposed to a corporation, and must be the permanent residence of the owner

The St. Augustine homestead shall not be subject to devise (leaving your home to someone in your Will) if the owner is survived by spouse or minor child, except the homestead may be devised to the owner's spouse if there be no minor child.

How is the Florida Homestead protection interpreted if a Florida same-sex or non-traditional couple owns a home together, and there are minor children. Good question . . . and complicated question. Each couple has a unique set of circumstances surrounding their relationship and the relationship each person has with the minor child. Be prepared for protection by contacting a St. Augustine Homestead Attorney to discuss your unique situation.

Full post as published by Florida Estate Planning Lawyer Blog on March 27, 2011 (boomark / email).