Can one Co-tenant of homestead property obtain a Partition?
Full Question:
property held jointly by two unmarried adults, one has claimed the homestead exemption. Is this property subject to partition by judicial sale?
12/15/2016 |
Category: Real Property ยป Homestead |
State: Florida |
#28197
Answer:
The laws many vary from State to State. We will answer your question in reference to Florida law since the property is in Florida.
Can a homestead exemption for taxes be claimed when the property is owned by joint tenants not married? Yes, this is the law provided they qualify.
What are the requirements for the homestead exemption to apply for joint tenants? There are three requirements as it relates to property taxes.
The person must be a permanent resident of Florida, must occupy the residence as his or her primary residence and must own or co-own the property. Fla. Const. art. VII, §6 and 4 Florida Statutes §196.031.
Who receives the exemption if the property is owned by co-tenants? The exemption of $25,000.00 from the assessed value in Florida can be apportioned between the co-owners as their interest may appear. If both co-owners meet the homestead qualifications, they both can claim the homestead exemption jointly, not twice.
What happens if only one co-tenant meets the homestead exemption requirements? Only that co-tenant can claim the exemption but he or she can claim the entire exemption if the property is owned as tenants by the entirely or joint tenants with rights of survivorship. If the property is owned as tenants in common the co-tenant that qualifies for the exemption can only claim his pro-rata share of the exemption based on his ownership interest in the property. Any taxes due above the exemption are due by all co-tenants, even the one that qualified for the exemption.
Can homestead property be partitioned? Yes, a co-owner of homestead property can file for Partition. It is important to note that if one of the co-tenants does not qualify for a homestead exemption his interest can be attached by creditors and the creditor can then file to Partition the property as the new co-owner.