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Garcia v. Andonie – Homestead Exemption and Residing Thereon

Published On: November 13th, 2012 | Author: Perry Law, P.C. | Category: Florida Real Estate and Title

The Florida Supreme Court recently upheld the Third District Court of Appeal’s holding that Florida Statute Section 196.031(1)’s language “and who resides thereon” was invalid and unenforceable because it tried to substantively alter or materially limit the Constitutionally protected homestead rights.  The Court then went on to reemphasis that the plain language of the Florida Consitution requires a property owner maintain on the property either (1) a permanent residence of the owner OR (2) the permanent residence of another legally or naturally dependent upon the owner.