Homestead (Creditor Protection)
Florida constitutional protection that shields a primary residence from forced sale by most creditors and limits how it can be devised.
Florida's homestead protection comes from Article X, Section 4 of the Florida Constitution. It protects a person's primary residence from forced sale by most creditors, with limited exceptions such as mortgages on the property, property taxes, and mechanic's liens for work on the home.
Homestead property also cannot be devised away from a surviving spouse or minor children without their consent. This creditor and devise protection is separate from the homestead tax exemption, which reduces taxable value.
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- Homestead Exemption (Tax)
A Florida property tax reduction of up to 50,000 on a primary residence, applied in two 25,000 layers.
- Fee Simple Absolute
The highest and most complete form of property ownership, with rights that last indefinitely and pass to heirs.
- Tenancy by the Entireties
A form of co-ownership available only to married couples in Florida that includes survivorship and protection from individual creditors.
This definition is Florida real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.