Full question:
property held jointly by two unmarried adults, one has claimed the homestead exemption. Is this property subject to partition by judicial sale?
- Category: Real Property
- Subcategory: Homestead
- Date:
- State: Florida
Answer:
You raise an important question about property ownership among unmarried joint tenants and its implications for homestead exemptions, taxes, creditors, and partition. This response will focus on Florida law, as the property is located there.
Can a homestead exemption be claimed when property is owned by unmarried joint tenants? Yes, as long as they meet the necessary qualifications.
What are the requirements for joint tenants to qualify for the homestead exemption? There are three key requirements: the individual must be a permanent resident of Florida, occupy the residence as their primary home, and own or co-own the property (Fla. Const. art. VII, § 6; Fla. Stat. § 196.031).
Who receives the exemption if the property is co-owned? The $25,000 exemption can be shared between co-owners based on their ownership interests. If both co-owners qualify, they can claim the exemption jointly, but not twice. If only one co-tenant qualifies, that individual can claim the entire exemption if the property is owned as tenants by the entirety or joint tenants with rights of survivorship. However, if owned as tenants in common, the qualifying co-tenant can only claim their proportional share of the exemption. All co-tenants are responsible for any taxes due beyond the exemption.
Can homestead property be partitioned? Yes, a co-owner can file for partition. It's important to note that if one co-tenant does not qualify for the homestead exemption, their interest may be subject to creditor claims, and creditors can seek partition as new co-owners.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.