Kara Sears
In Florida, a married couple living separately for an extended period of time may be entitled to more than one residency-based property tax exemption. However, a husband and wife in an intact marriage cannot have two homesteads. If a husband and wife are divorced and one of them dies, the survivor is not eligible for a property tax exemption.
| Characteristics | Values |
|---|---|
| Common-law wife | Not mentioned |
| Property tax exemption | Available to widows and widowers who are permanent Florida residents and have not remarried |
| Available to married couples living separately in different states | |
| Not available to a husband and wife in an intact marriage with two homesteads |
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What You'll Learn
Residency-based property tax exemption
In the case of Wells v. Colwell, the court ruled that an appellee and his wife could reside in different homesteads where their separation was bona fide and it was the appellee’s intent to reside in his mother’s home. The court indicated that a husband and wife in an intact marriage cannot have two homesteads. However, if they are legitimately living apart in separate residences and meet the other requirements of the exemption, they may each be entitled to a residency-based property tax exemption, including one Florida homestead exemption.
In the case of In re Middleton, 462 B.R. 832 (Bank. N.D. Fla. 2011), the U.S. Bankruptcy Court for the Northern District of Florida did not permit a debtor to claim a homestead exemption. The debtor purchased a residence in Florida in his individual name while living with his wife at their marital home in Georgia. Less than 30 days before defaulting on his obligation to a creditor, the debtor conveyed his entire interest in the marital home in Georgia to his wife for no consideration.
Widows and widowers who are permanent residents of Florida and have not remarried are eligible for a residency-based property tax exemption. Florida residents with a total and permanent disability or armed service members with at least a 10% disability caused by a service-connected disability are also eligible.
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Homestead exemption
In Florida, a married couple living separately for an extended period of time in property deeded in their individual capacities, and on which Florida has conferred individual homestead exemptions, can seek to avoid a creditor's claims in bankruptcy proceedings.
A husband and wife in an intact marriage cannot have two homesteads. However, if their separation is bona fide and it was the intention of one spouse to reside in their mother's home, then they can reside in different homesteads.
In the case of a debtor and his wife, the U.S. Bankruptcy Court for the Northern District of Florida did not permit the debtor to claim the homestead exemption. The debtor purchased his residence in Florida in his individual name. At that time, the debtor lived with his wife at their marital home in Georgia. The debtor and his wife claimed to have an intact marriage. Less than 30 days before defaulting on his obligation to a creditor, the debtor conveyed his entire interest in the marital home in Georgia to his wife for no consideration.
In Florida, widowers and widows who are permanent residents and have not remarried are eligible for a homestead exemption.
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Married couples living separately
Florida law states that a husband and wife in an intact marriage cannot have two homesteads. However, the court has ruled that a married couple can reside in different homesteads if their separation is bona fide and it is the intention of one spouse to reside in a separate residence. In this case, each spouse may be entitled to a residency-based property tax exemption, including one Florida homestead exemption.
In the case of Wells v. Colwell, the court ruled that the appellee and his wife could reside in different homesteads where their separation was bona fide and it was the appellee’s intention to reside in his mother’s home. The court noted that there was no 'fraudulent or otherwise egregious act' by the beneficiary of the homestead exemption.
In another case, In re Middleton, 462 B.R. 832 (Bank. N.D. Fla. 2011), the U.S. Bankruptcy Court for the Northern District of Florida did not permit a debtor to claim the homestead exemption. The debtor purchased his residence in Florida in his individual name while living with his wife at their marital home in Georgia. The debtor and his wife claimed to have an intact marriage. Less than 30 days before defaulting on his obligation to a creditor, the debtor conveyed his entire interest in the marital home in Georgia to his wife for no consideration.
It is important to note that Florida law allows a wife to acquire a domicile separate from her husband. In the case of bankruptcy proceedings, the court allowed debtors’ separate Florida homestead exemptions, provided that the creditor could not show evidence that the debtors implemented their living arrangements for the purpose of defrauding creditors.
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Divorce and death
Florida law states that a husband and wife in an intact marriage cannot have two homesteads. However, if a married couple are living separately for an extended period of time, they can be entitled to separate Florida homestead exemptions.
In the case of divorce and death, if a husband and wife are divorced and one of them dies, the survivor is not eligible for a property tax exemption. A death certificate for the deceased spouse will be required when applying.
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Disability
Florida residents with a total and permanent disability are eligible for property tax exemption. To verify disability, a letter from a Florida physician or a disability award letter from Social Security may be used. Veterans may supply a letter from the Department of Veterans Affairs as documentation.
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