Florida Constitution Article X, Section 4
Article X, Section 4 of the Florida Constitution establishes the homestead exemption, providing some of the strongest property protections in the United States. The provision shields a homeowner's primary residence from most creditor claims.
Three Homestead Protections
- Creditor protection: Prevents forced sale to satisfy most debts
- Tax reduction: Homestead exemption reduces assessed property value for tax purposes
- Devise restrictions: Limits ability to will the homestead away from spouse or minor children
Size Limits
- Municipal: Up to 1/2 acre of contiguous land
- Rural: Up to 160 acres of contiguous land
- Value: No limit on home value
- Requirement: Must be the owner's permanent residence
Debts That Override Homestead
- Mortgages and consensual liens
- Property taxes and special assessments
- Mechanic's liens for work on the property
- HOA and condominium association assessments
- Federal tax liens (limited circumstances)
Related Terms
- Exempt Property — Broader asset exemptions
- Encumbrance — Liens that override homestead
- Estate Planning — Homestead in estate plans
Barnes Walker Homestead Protection
Barnes Walker's attorneys advise Florida property owners on homestead exemption rights, creditor protection, and estate planning implications. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC