Merchad, Home Buyer in Miami-dade County, FL

Florida Homestead exemption on 2 homes? Both are primary homes.

Asked by Merchad, Miami-dade County, FL Sat Nov 29, 2008

Is the homestead exemption only good on one primary home? My husband and I are considering buying a second house and we would each live in our separate homes all year round. We are not considering divorce yet, instead we feel this may help keep us "together". We have children and a primary house already.
Is there any reason why we couldn't apply for homestead on the second house?

Help the community by answering this question:


As a second home, no you cannot. If however you and your not yet ex-husband file affidavits of separation and evidence 100% financial independence from each other, then the Florida Constituion, case law and Attorney General Opinions do allow each spouse to establish their own homestead. You can ot have joint bank accounts or provide/receive finanial support from one another [other than court ordered support]. You must establish the financial and physical separation by Jan. 1st or you will not be eligible until the following year.
0 votes Thank Flag Link Thu Feb 2, 2012
I am a 100 per cent dav. and want to have a vacation home in another county. same state of fl. why sould you have to pay for another if i am tax exempt
Flag Tue Jul 16, 2013
There may be a loop-hole in the Homestead Exemption Act in Florida that would allow such a "scheme". I have not yet heard of any legally exempt situations where 2 properties under the same title could be exempt. Like siad before; ask your attorney or call the Miami-Dade County Tax Appraisers Office.
0 votes Thank Flag Link Thu Dec 4, 2008

We would weigh in supporting the importance of consulting an attorney with this issue.

Good luck
0 votes Thank Flag Link Sun Nov 30, 2008
If your names are on a homesteaded exempted home somewhere other than in florida, you can not do another.

If one partner has a homestead in one state, the other could have the homestead exemption in Florida. But as everyone else has told you, best to check with a real estate attorney in Florida.

By law, real estate agents are not supposed to give legal advice. There are other restrictions with regard to homesteading in Florida such as how many days of the year you are supposed to live here, you are supposed to vote here and you are supposed to have a driver's license in Florida.

That is one of the reasons you see so many FL tags in places like Wisc., Dakota, IL.....folks who have a homestead exempt house in FL but live part of the year in their home states where it is mighty cold.
0 votes Thank Flag Link Sun Nov 30, 2008
you upload to a trust and quick deed most agents are just waiting for a kickback from the title company
Flag Tue Jun 3, 2014
you need to consult an attorney
the big word that you keep using is WE

WE Cannot have 2 primaries and 2 homesteads...
We cannot get 2 loans on 2 primaries without committing fraud

You can get one house in your name and one in his and let your Attorney tell you if that will allow you to qualify for 2 homestead exemptions.
0 votes Thank Flag Link Sat Nov 29, 2008
Hi Merchad...I connot speak for Florida homestead law but here in CA, there can be only 1 homestead exemption per family unit. The only way you can have two homestead exemptions at the same time is when there is a divorce, hence, 2 seperate family homes. Best of luck to your family...
0 votes Thank Flag Link Sat Nov 29, 2008
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