Florida Homestead Exemption For Married Couples In Oakland
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FAQ
The one-per-couple limit inheres in the very meaning of a “homestead.” It is part of what a homestead is. A married couple can no more have a second homestead than an only child can have a younger sister.
While the specifics can vary by state, generally, homestead exemptions are only available for an individual or family's primary residence. This means you cannot claim homestead exemptions in multiple states.
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.
Unfortunately, that is illegal. Under our Florida law, specifically Florida Statutes §196.031 and Section 6(b) Article VII of the Florida Constitution state that no more than one exemption is allowed to any individual or family unit.
Technically it's not possible to do that, because you must claim the homestead exemption in the state that is your permananent residence, and you can only have one state as permanent residence since you must spend more than 180 days in that place.
Property Tax Exemptions The most common real property exemption is the homestead exemption. Application for these exemptions must be made by March 6th of the year for which you apply. The initial application must be made in person or online at the Property Appraiser's office.
Outside of your tax circumstances, having two primary residences is possible on the lender side. For example, a married couple could acquire two primary residences if each spouse buys a primary residence and keeps their mortgages separate. This would mean each spouse having sufficient income on their own to buy a home.
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.
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.
Art. X, § 4(c), Fla. Const. However, Florida law allows spouses to waive all types of spousal rights, including rights to the homestead.
