Florida Homestead Exemption Joint Tenants With Right Of Survivorship In Harris
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Please Note: We are currently accepting E-file applications for the tax year 2025 only. To be eligible for homestead exemption, you must be a permanent resident of Florida, who owns real property as of January 1 of the year in which you are applying.
In Florida, a joint tenancy can be terminated in several ways, including through the sale of the property, divorce, death of a joint tenant, or mutual agreement between the tenants.
The spouse who holds the title of the property is responsible for applying for homestead exemption. Whether the house is owned through joint ownership with rights of survivorship, tenancy by the entirety, or another ownership type, Florida law preserves the rights of the owner's spouse.
Art. X, § 4(c), Fla. Const. However, Florida law allows spouses to waive all types of spousal rights, including rights to the homestead.
Held jointly with the right of survivorship resides on the property, that owner is allowed an exemption of up to the assessed valuation of $5,000 on the residence and contiguous real property. . . . Except for owners of an estate . . .
A Final Judgment for Dissolution of Marriage automatically changes your property ownership from “tenants by the entirety” to “tenants in common.” This means each spouse owns 50% interest in the property. It is important to understand the Save Our Homes (SOH) benefit allocation between divorcing spouses.
When someone owns property and makes it his or her permanent residence or the permanent residence of his or her dependent, the property owner may be eligible to receive a homestead exemption that would decrease the property's taxable value by as much as $50,000.
However, to be eligible for the homestead exemption, the owner must be a permanent resident of Florida and have a present intent of living at the property. Additionally, the owner must apply for the exemption. Generally, a married couple is entitled to only one homestead exemption.
To get a homestead deduction on your Florida taxes, you have to fill out an application form, the DR-501, and demonstrate proof of residence by March 1 of the year for which you wish to qualify.
