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Florida Homestead Declaration following Decree of Legal Separation or Divorce

Category:
Real Estate - Homesteads
State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
Instant download
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Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

What happens to the homestead exemption when the homeowners divorce? If one spouse maintains the property as his or her permanent residence, the homestead exemption will continue.

There is no standard answer on what happens to a couple's house when they go through a divorce in Florida. The marital assets go through a process of equitable distribution, in which the property is divided in half, except where fairness calls for a different type of split.

In Florida, there is no separation period required before filing for divorce. In a no-fault divorce state, couples can file for divorce as soon as they decide to end their marriage. A spouse only has to give one of two reasons for a divorce to proceed.

Florida does not recognize legal separation. You cannot petition the court for a legal separation. You may live apart, but you are considered married until you petition for and obtain a dissolution of marriage through the Florida courts.

Some people have religious or personal beliefs that do not allow divorce, so a legal separation allows them to remain married while being able to live completely separate lives. A legal separation continues your relationship at least to some extent, so you remain connected to each other.

If it is determined by the property appraiser that separate permanent residences and separate ?family units? have been established by the husband and wife, and they are otherwise qualified, each may be granted homestead exemption from ad valorem taxation under Article VII, Section 6, 1968 State Constitution.

Spouses have a legal duty to provide financial support to each other. Spousal support (alimony) can be required even if the couple is separated and not yet divorced. Spouses are obligated to provide financial support approximate to that which has been established during the marriage.

In Florida, the main difference between separation and divorce is that in separation, both parties live apart but remain legally married. This means that couples can continue to participate in benefits such as health insurance, military benefits, and social security benefits.

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