The Florida Homestead Exemption

Before filing for bankruptcy, you want to know whether you can keep valuable property—especially your home. If you qualify to use Florida's homestead exemption, you'll be able to protect all of the equity in your house. In this article, we'll explain:

• the types of residences covered by Florida's homestead exemption, and
• how long you'll need to have owned the property.

For more information, read How Bankruptcy Works in Florida. Not only does it explain the process, but you'll find helpful checklists and a link to an interactive bankruptcy quiz.

The Florida Homestead Exemption Amount

Florida has one of the most generous homestead exemptions found in any state. Under the Florida exemption system, homeowners may exempt an unlimited amount of value in their home or other property covered by the homestead exemption. However, the property cannot be larger than half an acre in a municipality or 160 acres elsewhere.

Property Covered by the Florida Homestead Exemption

The Florida homestead exemption covers real or personal property used as a residence, including your home, condominium, and mobile or modular home. The property must be your residence, not a second home, rental, or vacation property. The homestead exemption can also be claimed by the spouse or children of a deceased owner.

To claim the total value of the homestead exemption in Florida, you must have purchased and owned the property for at least 1,215 days before the bankruptcy filing. If you can't meet this requirement, your homestead exemption is limited by federal law to $189,050 for cases filed between April 1, 2022, and March 31, 2025.

Learn more about this requirement, the current amount of the federal cap, and other important exceptions to homestead exemptions.

Finding the Florida Homestead Exemption Statute

Florida's homestead exemption is found in the Florida Constitution Article 10 § 4 and the Florida state statutes at Florida Statutes Annotated §§ 222.01 through 222.05.

Need More Bankruptcy Help?

Did you know Nolo has been making the law easy for over fifty years? It's true—and we want to make sure you find what you need. Below you'll find more articles explaining how bankruptcy works. And don't forget that our bankruptcy homepage is the best place to start if you have other questions!

We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.

Updated April 4, 2022