Florida Homestead Protection — What It Is and How You Can Help Safeguard Your Home

Florida offers some of the strongest homestead protections in the country, providing powerful legal and financial benefits to residents who make their property a permanent home. However, many homeowners are unaware of the full scope—and the limits—of these protections.

At The Tanios Law Firm, P.A., we help clients understand their homestead rights, secure critical exemptions, and use homestead law as a strategic tool in estate planning and asset protection.

What Is the Florida Homestead?

Under the Florida Constitution, the "homestead" refers to your primary residence—the place you intend to live permanently. Once established, homestead status offers three major protections:

1. Protection from Forced Sale by Creditors

One of the most well-known benefits is that a Florida homestead is generally protected from forced sale to satisfy most creditor judgments.

• Exceptions: This protection does not apply to:

  • Mortgages on the property

  • Property taxes

  • Liens for labor, materials, or improvements (e.g., unpaid contractors)

This means that most unsecured creditors (like credit card companies) cannot force the sale of your home to collect a debt.

2. Property Tax Exemption

Florida homeowners may qualify for a homestead tax exemption that reduces the assessed value of their property by up to $50,000, resulting in significant annual property tax savings.

Additional benefits include:

• Save Our Homes Cap – Limits increases in the assessed value of a homestead generallty to 3% annually.

• Portability – Allows you to transfer the accumulated “Save Our Homes” benefit to a new Florida homestead under certain conditions.

3. Restrictions on Transfer and Devise

Homestead property is subject to strict rules about how it can be transferred or left to heirs, especially if the homeowner is survived by a spouse or minor child. These restrictions are intended to preserve the family home, but they can cause unintended complications if not addressed through careful estate planning.

How The Tanios Law Firm P.A. Can Help

Homestead protections are powerful—but also complex. Whether you are buying a home, planning your estate, or dealing with creditor issues, Attorney Alex Tanios can help you take full advantage of Florida’s homestead laws while avoiding common pitfalls. Contact Attorney Alex at 407-276-8229

Our services include:

• Structuring your estate plan around homestead restrictions

• Advising on asset protection strategies

• Preparing Lady Bird Deeds and other tools to transfer your home outside of probate

We work closely with homeowners to ensure their most valuable asset—their home—is legally protected and strategically managed.

Protect Your Home with The Tanios Law Firm, P.A.

Don’t let confusion about Florida homestead law leave your property or heirs vulnerable. Contact The Tanios Law Firm, P.A. today for a consultation with Attorney Alex Tanios at 407-276-8229 and secure the peace of mind that comes with knowing your home is fully protected.