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Florida Homestead and Co-Ownership: Tax Exemption

Loune-Djenia Askew, Esq.

Mar 27, 2024

Florida's homestead laws provide significant benefits to property owners, offering protection and financial relief. These laws are particularly impactful in the context of co-ownership, where two or more individuals share property rights. Co-ownership can complicate the application of homestead benefits, especially concerning tax exemptions.

Homestead laws in Florida are designed to protect homeowners by providing tax exemptions, creditor protection, and restrictions on the alienation of the property. These laws ensure that a portion of a person's home is safeguarded from taxes and creditors, and they establish clear guidelines for passing property to heirs.

Tax Exemptions under Florida Homestead

One of the key advantages of homestead status in Florida is the tax exemption. This benefit reduces the taxable value of the property, leading to lower property taxes. For a property to qualify for homestead exemption, it must be the permanent residence of the owner. The exemption covers up to $50,000 off the assessed value of the home, with the first $25,000 applying to all property taxes and an additional $25,000 exemption for the assessed value between $50,000 and $75,000 that applies to non-school taxes.

Impact of Co-Ownership on Homestead Tax Exemptions

When property is co-owned, all owners must apply for the homestead exemption to receive the full benefit. This means each co-owner must use the property as their primary residence. Co-ownership complicates the application process, as all parties must qualify and apply for the exemption to maximize the tax benefits.

Navigating Co-Ownership and Homestead Exemptions

Co-owners should ensure that each party meets the residency requirements for homestead exemption.They also need to think about how the type of ownership, like–joint tenancy with rights of survivorship, tenants in common, or tenants by the entirety, impacts their ability to get homestead benefits. Getting legal advice can help understand the complex rules of co-ownership and make sure everyone gets the available homestead tax breaks.

The impact of co-ownership on Florida homestead tax exemptions is significant and requires careful consideration and planning. Co-owners must understand how their ownership status influences their eligibility for homestead benefits and work collaboratively to ensure that they meet the necessary criteria. With the right approach, co-owners can enjoy the protective and financial advantages that Florida's homestead laws offer.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.

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