Why Homestead Law Is a Critical Component of Asset Protection

Homestead protection protects the value of your home from creditors. Depending on which state you reside in, homestead law may partially or fully protect your home from creditors. Each state has its own specific provisions regarding requirements and degrees of protection. Although each states homestead law varies greatly in how much home equity is protected, homestead laws in all instances only apply to the primary residence which you own and occupy.

Some of the specific criteria or restrictions which commonly apply include lot size, acreage, and rural/urban designations. An example of this would be Florida, which protects an unlimited dollar value of home equity up to 160 acres rural or 1/2 acre urban. If you do not fit within those parameters, you may qualify for “some” protection but not an unlimited dollar amount.

The States which provide unlimited homestead protection within their respective limits include:

  • Arkansas
  • District of Columbia
  • Florida
  • Iowa
  • Kansas
  • Oklahoma
  • South Dakota
  • Texas
  • Puerto Rico

Most states do not offer unlimited homestead protection. To view specific exemption details by state click here

The homestead exemption should be one of the first steps in your Asset Protection strategy, as your primary home is often one of your most valuable assets. Furthermore, understanding your states homestead laws can often provide you with a roadmap in deciding whether or not to fully pay off your mortgage. For example, if your states homestead law only offers $50,000 of protection, you may want to keep a mortgage on the property to decrease the exposed equity. If you want to speak with an attorney for expert advice on this subject, please contact The Presser Law Firm P.A. for a complimentary preliminary consultation.

The Presser Law Firm P.A.
6199 N. Federal Highway, Boca Raton FL 33487
(800) 999-9992 or e-mail Info@AssetProtectionAttorneys.com