choices are in conflict as to whether motorboats can qualify for homestead safety. as an example, in In re Mead, 255 B.R. 80 (Bankr. S.D. Fla. 2000), the court, seeing “no difference amongst a cellular home occupying leased Area in the cell property park, and a boat occupying leased dock Area in the marina or in An additional dockage scenario,” permitted a debtor into a declare a homestead in his 34-foot cabin cruiser. many other courts have reasoned to the contrary that “a debtor can't completely transform a movable chattel right into a homestead by picking to go away the chattel in a single put or by failing to keep up the chattel in the movable affliction.
" By that, he presumably meant agricultural land. But the unfortunate irony is usually that Florida has shed has much more than forty percent of its farm acres considering that 1954. That should not be a surprise. After all, the legislation makes it cheaper to buy land, then hold it right until the market is ripe for constructing.
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Courts and legislation have extended the safety of homestead from compelled sale to include numerous areas beyond The everyday residence. file.S. Ch. 222 is definitely the legislature’s implementation of Florida’s constitutional security versus the pressured sale of homestead. Section 222.05 gives:
Of course, being eligible for defense from creditors, the property must be located in the State of Florida.4 On top of that, for policy good reasons, homestead legislation are utilized liberally in favor with the homeowner.
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underneath the reasoning of the selection, it was a violation of Florida Homestead exemption to indirectly profit ( as de minimis as which was) from a partner’s out-of-point out Homestead exemption. each the Vallier final decision as well as the Endsley decision arrived underneath the very same Structure. That does not appear fairly appropriate. Plainly, there is nothing during the Florida Constitution which addresses or boundaries Homestead in this kind of method as applied in Endsley.