The Florida constitution exempts a person’s primary residence from forced sale to satisfy a judgment debt.
Can you exempt as homestead a commercial building with a second-floor apartment used as your primary residence?
Under Florida law, the answer is that you can only exempt part of the commercial property.
When a debtor resides in a building used for residential and commercial purposes, the creditor can force the sale of the entire property. The court must apportion the net proceeds between the homestead and non-homestead portion rather than declare the building to be entirely homestead or entirely non-homestead.
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.
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