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homestead exemption married filing alone

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    homestead exemption married filing alone

    I live in Florida...my husband owns the house....I am not on the deed..we have only been married for a month.
    The house under Fl law is entirely exempted.

    Question: Because i am NOT on the deed can I take the $4000 personal property exemtion that Fl allows or am I limited to the $1000 plus the wild card.

    #2
    Note that property acquired prior to the marriage and property acquired by gift or inheritance, even during the marriage, is excluded.
    Learn which property gets divided in a Florida divorce and how judges decide on a fair distribution of a couple’s assets and debts.

    Answers to common questions about the divorce process in Florida, including how much it costs, how long it takes, and how to get help.


    "According to the Franzese decision a debtor who is eligible to claim homestead exemption in bankruptcy cannot avail themselves of the $4,000 personal property exemption whether or not they affirmatively seek the homestead exemption in bankruptcy. Any debtor who on the date of filing is entitled to a homestead exemption cannot claim the $4,000 additional personal property exemption regardless of whether the homestead has any equity to protect and the debtor intends to remain in the home. Debtors must state in a timely manner their intent to surrender their homes when they file bankruptcy if they want to claim the $4,000 wildcard exemption."

    the way I read it, you take the 4K wildcard......but I am not a lawyer (I don't even portray one on TV

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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