Homestead Exemption

There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person: a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced without the owner's consent by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or the owner's family. (West's F.S.A. Const. Art. 10 § 4) Whenever any natural person residing in this state desires to avail himself or herself of the benefit of the provisions of the constitution and laws exempting property as a homestead from forced sale under any process of law, he or she may make a statement, in writing, containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made. Such statement shall be signed by the person making it and shall be recorded in the circuit court. A lien of any lienor upon whom such notice is served, who fails to institute an action for a declaratory judgment to determine the constitutional homestead status of the property described in the notice of homestead or to file an action to foreclose the judgment lien, together with the filing of a lis pendens in the public records of the county in which the homestead is located, within 45 days after service of such notice shall be deemed as not attaching to the property by virtue of its status as homestead property as to the interest of any buyer or lender, or his or her successors or assigns, who takes under the contract of sale or loan commitment described above within 180 days after the filing in the public records of the notice of homestead. (West's F.S.A. § 222.01) Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing. he amount attached or garnished may not exceed the amount allowed under the Consumer Credit Protection Act. (West's F.S.A. § 222.11)

The homestead, if located outside a municipality, is protected to the extent of 160 contiguous acres of land…or if located within a municipality to the extent of one-half acre of contiguous land …limited to the residence of the family. Any natural person owning a homestead may claim a homestead exemption for the property. Beltran v. Kalb, 63 So.3d 783 (Fla. 3d DCA 2011) (finding that it is not necessary for wife to prove she is the head of household to claim a homestead exemption)

The state homestead exemption is preempted by federal bankruptcy law. In re Osejo, 447 B.R. 352 (Bankr. S.D. Fla. 2011) (Chapter 7 debtor made prepetition attempt to convert nonexempt assets into homestead property, triggering bankruptcy law limitations). Outside bankruptcy, the exception is an unlimited protection of the residence.