Homestead exemption provision

The homestead exemption protection provides that a homeowner cannot have their homestead sold against their will. This protection is specified in The Florida Constitution and protects an individuals homestead and $1,000 in personal property. It also protects the proceeds from the sale of a home, so long as the proceeds are used to purchase a new home.

The homestead protection only protects up to a 1/2 acre of land within a city, but outside of city it protects up to 160 acres of land. The homestead must be established before the creditors interest in the property. Further, the homestead protection does not protect against the forced sale of the property for those debts that arise out of the home such as the mortgage, certain liens and taxes. The homestead exemption protection also fails where it is being used to carry out Fraud.