A recurring issue in Florida property deals is an invalid conveyance or purchase due to the failure to comprehend Florida’s limitations regarding the sale of a homestead home as to a couple that is married. In Florida in case your married their state of Florida, via its constitutional defenses because of its residents imposes some limitations regarding the purchase of “homestead property” (ie your domicile) therefore since to advance the public policy interest of perhaps not leaving partners or minor kids without a property. Those defenses are based on Fla. Const. Art. X 4(c) which gives the language that is following
SECTION 4. Homestead; exemptions.
(a) There will probably be exempt from forced sale under means of any court, with no judgment, decree or execution will be a lien thereon, aside from the re payment of fees and assessments thereon, obligations contracted for the purchase, enhancement or repair thereof, or obligations contracted for household, industry or any other work done regarding the realty, the next home owned with a person that is natural
(1) a homestead, if positioned outside a municipality, towards the level of just one hundred sixty acres of contiguous land and improvements thereon, which shall never be paid down without the owner’s permission by explanation of subsequent addition in a municipality; or if found inside a municipality, towards the degree of one-half acre of contiguous land, upon that your exemption will probably be restricted to the residence regarding the owner or even the owner’s household;