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The post below was published on Monday, December 20th, 2010 at 9:19 AM.

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Third District: Homestead and Legal Residency Status

If two parents are not legal residents of Florida but they own a home in which they and their minor children reside, can the parents claim a homestead exemption for the property under Florida law? Yes they can, said the Third District in this case.

The decision quotes portions of the father’s affidavit, in which he explains that he and his wife live on the property and that, for their three children, the property is their permanent residence. The decision then observes: “Although one might wonder whether his assertions are congruent with the laws of nature, we apply in this court the constitution and laws of the State of Florida.”

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