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Florida Homestead Property: When Can Homestead Property be Subjected to Equitable Liens?

Probate Information • Apr 29, 2019
post about Florida Homestead Property: When Can Homestead Property be Subjected to Equitable Liens?

Florida homestead property can be very valuable. And, in some instances, “heirs” get a guaranteed inheritance. Sometimes. With Florida residences being worth a lot of money, may spouses and adult children want to know what their rights are. Here are some basic, introductory background “must know” bullet points for Florida homestead property.

Florida homestead property is very valuable and may “go” to heirs. Automatically.

Some Basics

Can your Florida homestead property be subjected to equitable liens?

Can a final judgment force someone to sell it? If you are dealing with a Florida lawsuit involving this unique asset, you may want to read an April 24, 2019 Third DCA opinion, Luis de Diego v. Barrios.

Here, the appellate opinion explains that The Florida Constitution provides that it “shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon.” However, there is an exception. That property MAY be subject to equitable liens ” where fraud, reprehensible or egregious conduct is demonstrated.”

But there’s a lot more to this property than “equitable liens.” Many times, people die without a will. That means , in many cases, 2nd spouses and adult children from a prior marriage, end up “co-owning” a very valuable house.

Read More about Florida Homestead Property

There is a lot that you can read for free on Florida homestead property:

  • Florida Probate Rules — explains rules, processes and procedures. You may want to get a determination in the probate court that a certain house is homestead property. See Rule 5.405.
  • A Probate Asset ? — while this asset is not considered a probate asset in the traditional sense, the Personal Representative may take possession of it. To protect it. Maybe even sell it. Maybe not. See Rule 5.404.
  • Homestead and Prenups — a surviving spouse has a lot of inheritance rights. Unless you sign a prenup. Here’s a recent case about the interpretation of a prenup that “carved out” the homestead. And which reversed a probate judge’s ruling, after a trial, giving the surviving spouse millions.
  • Appeals — remember that you may only have 30 days to appeal a homestead ruling in the probate court. Be sure to talk to an experienced homestead appellate lawyer about Rule 9.170.
  • Inheriting — click here to read more.
  • Surviving Spouses are Different (and special!) — yes, Florida probate law gives a spouse a LOT of rights. Very valuable inheritance rights. To learn more, click here.