This article focuses on The Florida Constitution, and how it provides security to millions of people that own their primary residence, their Homestead, in Florida. May 1, 2025, was Law Day in the United States. Law Day reminds us that many of our shared values are reflected in our State and federal laws. Two very important documents stand out that serve us every day – The Constitution of the United States of America, and The Florida Constitution, both as amended.
Article X of The Florida Constitution provides that if you own your primary residence in Florida, referred to as your Homestead, that home is protected from third party, unsecured creditors from taking your Homestead in satisfaction or partial satisfaction of a judgment issued by a court in favor of the creditor. Florida’s Constitution allows for unlimited protection for a Homestead of up to 160 acres outside a municipality or up to one-half of one acre within a municipality. The protections in Florida do not apply to secured creditors such as the lender that provided a loan to you to buy your Homestead or a contractor, sub-contractor, or material supplier that provides labor or materials for a construction project, unpaid property taxes, or in general, debts incurred for the purchase, repair, or improvement of the Homestead property.
The protections afforded by Article X of The Florida Constitution are rare in the United States. There are only six states in the U.S. that provide similar protection. The other states that provide similar state constitutional protections are Texas, Kansas, Iowa, South Dakota, and Oklahoma.
Please note there are other important protections afforded by Article X of The Florida Constitution in addition to the protection from forced sale described above. When it comes to Florida Homestead protections, a Floridian owning their home has one of the best, constitutional protections afforded a homeowner compared to other U.S. states.
If we may help when you are acquiring or dealing with Florida real estate, please contact our real estate lawyers at 813-852-6500.
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