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Q: Florida Homestead exemption ( Answered,   0 Comments )
Subject: Florida Homestead exemption
Category: Business and Money > Finance
Asked by: bialyboy-ga
List Price: $75.00
Posted: 24 Nov 2006 13:07 PST
Expires: 24 Dec 2006 13:07 PST
Question ID: 785306
My wife and I have been "snowbirds" between NY and North Palm Beach
for many years.  We own homes and other property in both locations. Up
until now we have been NY residents and voters because, for business
reasons, my wife needs to maintain her NY Drivers license for another
year. We have two cars, a boat and trailer registered in Florida and
have "Florida Only" drivers licenses as well as NY drivers licenses. 
I have a Florida LLC.  We spend more than 6 months a year in Florida.

I would have no problem becoming a Florida citizen, changing my
drivers license, voter registration, etc. before Jan 1, 2007.  But my
wife cannot make that deadline.

Question--Can I get the Homestead exemption on our Florida home?
Subject: Re: Florida Homestead exemption
Answered By: keystroke-ga on 28 Nov 2006 08:48 PST
Hello bialyboy,

Thank you for your question.

You will most likely be able to get the homestead exemption on your
Florida house if you change all your registration details to indicate
that you are a permanent Florida resident.  For this, it does not even
matter whether your wife is on the title to the home or not.  If one
half of a husband and wife pair chooses to take the homestead
exemption, it can be done as long as a homestead exemption or any
other type of residency credit is not being taken by you or your wife
in another state. The state prefers that both parties file, but it is
not necessary. I'm not sure why your wife must keep her New York
residency, but if it to get any type of residency exemption, you would
not be eligible for Florida's homestead exemption. If you are Tenants
in Common, she will need to file in person with you and meet the
requirements as well.  However, most likely you do not hold title as
Tenants in Common but as Tenants by the Entirety or Joint Tenants with
Rights of Survivorship, as most married couples do.  Also, you would
have to get a regular Florida license rather than a "Florida Only"

Lori Parrish, Broward County Property Appraiser
"Filing for Homestead and Other Exemptions"

'To claim 100% coverage, all owners occupying the property as Tenants
in Common (i.e., proportional share co-owners) must file in person on
jointly held property. In the case of a husband/wife ("Tenants by the
Entirety") or Joint Tenants with Right of Survivorship ("JTRS"), any
one owner may qualify for 100% coverage -- although it is always
highly advisable to have all eligible owner-occupants to file. If you
are married and the Deed has different last names for a husband and
wife, a marriage certificate must be presented if the deed does not
indicate the two co-owners are "husband and wife."'

Lee County Property Assessor's Office

 "Those individuals whose names appear on the Deed and who reside on
the property are eligible to file. If the property is held in title by
?Tenancies by the Entireties? (husband and wife) or Joint Tenants with
Right of Survivorship, only one person is required to file in order to
receive 100% benefit, however, if only one owner applied and received
the exemption, and in the future becomes deceased or relinquishes
ownership, the homestead and Save Our Homes (SOH) cap could be
jeopardized.  It is suggested that all owners who qualify for the
exemption apply to protect your exemption and SOH status..  Property
held as ?Tenants in Common requires that only persons who reside on
the property are eligible to file for the exemption.  In order to
qualify for 100% benefit as Tenants in Common, all persons whose names
appear on the deed must qualify and file, otherwise the benefit is
prorated according to the applicant?s percentage of ownership. 
Regardless of the type of tenancy, it is recommended that all persons
whose names appear on the deed and reside on the property apply for
the exemption in order to protect their exemption and SOH Status."

"Those individuals whose names appear on the Deed and who reside on
the property must file unless the property is held in title by
?Tenancies by the Entireties? (husband and wife) or Joint Tenants With
Right of Survivorship. In these instances, only one person is required
to file to receive the exemption,  however it is recommended that all
persons who reside on the property and qualify for the exemption apply
in order to insure full benefit of the Save Our Homes (SOH) cap on
assessed value . Property held as ?Tenants in Common? require that all
persons who reside on the property file for the exemption in order to
qualify for 100% benefit of SOH. Contact the Property Appraiser if you
have any questions regarding ownership and qualified applicants."

This is the proof that you'll need to determine your Florida residency:

"Proof of Permanent Florida Residence -- preferably dated prior to
January 1 of the tax year for which you are filing -- is established
in the form of:

   1. FOR ALL APPLICANTS: Florida's Driver's License or Florida I.D.
Card - REQUIRED. Note: "Valid Only in Florida" driver license is not
acceptable, PLUS either one of the following:
         1. Florida Voter's Registration; or
         2. Recorded Declaration of Domicile."

You would have to give up any New York homestead exemptions or
equivalent programs that you are enrolled in:

"If you have a Homestead Exemption in any other state or county (or an
equivalent residency-based exemption or tax credit, such as New York's
"S.T.A.R." exemption) on another property you also currently own, you
will not be eligibile for a homestead until you surrender the
exemption in that other jurisdiction."

Further information on that subject:

St. Johns County Property Appraiser's Office

"Are you receiving exemption or other residency benefits for any other
residence?  Per the Florida Constitution (VIII) (6) (b), each
individual or family unit is entitled to ONE homestead exemption.  If
you or your spouse claim(s) residency at another location in Florida
or in another state or benefit(s) from a tax credit or exemption on
property you own at another location in Florida or in another state,
you are not eligible to file for homestead exemption in St. Johns
County unless or until the other exemption/benefit is relinquished."

Lee County Property Assessor

"[Applicant will be required to provide] Proof that you do not receive
a residency based exemption or tax credit in another jurisdiction ? If
you own property in another jurisdiction, you must complete an
?Authorization for Removal of Property Tax Exemption / Tax credit
form? (available from this office).  This form will be submitted to
the out of state jurisdiction by the Lee County Property Appraiser. 
You may be able to provide a copy of your most recent tax bill from
the out of state assessor?s office reflecting that you do not receive
an exemption or tax credit in lieu of completing the Authorization for
Removal of Property Tax Exemption / Tax Credit form."

Search terms:
homestead exemption florida wife not resident
homestead exemption wife resident another state
joint title homestead exemption husband wife florida

If you need any additional clarification, let me know and I'll be glad
to assist you.

There are no comments at this time.

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