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Asked in FL May 26, 2022 ,  0 answers

Realestate homeowners exption and deed

We own a house together for 12

years and are not married but both

of our names are on the deed. We

are building a new home using the

home equity loan from this one but

to claim homestead exeption one of

us needs to put our name on the

other deed right and take it off the

1st home? Okay when we go to sell

the first home one of us is not on

the deed no longer will that effect

the 250,000 limit for that one and

the 60 months even though he has

lived there 2 years out of the 60

months but his name is no longer on

the house?

Data From  LAWGURU_Question

1 Answers

Anonymous
Reply

Posted on / Mar. 24, 2007 10:50:00

Re: Realestate homeowners exption and deed

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Maybe. Neither of you can claim both properties as your homestead. By changing your designation with the County, you are leaving a paper trail that the IRS can track to claim fraud.

Before you do something like this, you might wish to step back and consider if this is really worth the possible ramifications. Your actions will be fraudulent to the State of Florida by one of you declaring a home in which you do not live as his or her homestead, and then you will later face the loss of exemption from the IRS on your subsequent sale of the first home.

Scott R. Jay, Esq.

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