A homestead in a city can be 1/2 acre or less when qualifying for the homestead exemption.

Florida law protects 100% of the value of homestead properties situated within a city so long as the homestead is located on a lot not greater than ½ acre in size. A municipality is a “city” incorporated as a “city” under Florida law. The terms municipality and city are synonymous for homestead purposes.

How to Find Out How Large the Lot Is

Other people who are contemplating moving to Florida have asked me how they can determine if a property they are interested in purchasing is located within a municipality.

You can usually find this information on the county property appraiser website. Sometiems Zillow will have it too. The real estate listing agreement should also state whether any particular property is in a city.

You should look to see if property is assessed for tax purposes for municipal or city tax. If it is just assessed a county tax then it is in the county, not the city.

Don’t Use the Address

Some people are confused by post office addresses that refer to a property’s location by its closest cities. In Florida, a property’s address may refer to a city even though the property is not situated within the boundaries of the city.

For example, the City of Miami is actually a very small area, although many properties located outside the municipal limits have the address of “Miami, Florida.”

Only the properties located within the strict municipal limits of Miami (in this example) are limited to ½ acre homestead protection.

Jon Alper

About the Author

Jon Alper is a nationally recognized attorney specializing in asset protection planning. He graduated with honors from the University of Florida Law School and has practiced law for almost 50 years.

Jon and the Alper Law firm have advised thousands of clients about how to protect their assets from creditors.

Sign up for the latest information.

Get regular updates from our blog, where we discuss asset protection techniques and answer common questions.