Florida Residency Issue

Florida residency is based on intent. A person is a Florida resident if and so long as he intends to make Florida his permanent home. I recently spoke with a client who wanted to know if he qualified for homestead protection as a Florida resident under the following fact situation. The client lived in Denver for 13 years where he was a company employee. The company relocated him to Florida. The client bought a home in Florida and moved into the home as his permanent residence. Six months later the employer relocated him back to Denver where he has been working for the past nine months. The client rents an apartment in Denver. He still owns his Florida house which is vacant. He keeps most of his furniture in Florida. The employer is paying his Florida mortgage. The client did not yet file a claim for homestead tax exemption. The employer does not know, and the client does not know, if an when he will be relocated in Florida, although the client would like to move back to Florida. The client has a Colorado drivers license and is not registered to vote in either Florida or Colorado. Some mail is addressed to Colorado, and other mail is addressed to Florida and forwarded to the current address in Colorado.

This is an example of a situation of uncertain residency. I do not think a court would find this person to be a resident of Florida, and I do not think the Florida house qualifies as a Florida homestead. Only people who establish Florida residency can claim homestead protection. This person’s residence is determined primarily by his employer, and the facts suggest that the person’s permanent residence is in Colorado with a brief work assignment in Florida. If a creditor recorded a judgment in Florida in the county where the home is located I believe the judgment would immediately attach to the Florida property.

posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida.