It’s not unusual for marital settlement agreements (“MSAs”) to pop up as
Continue Reading Surviving spouse’s Homestead Rights vs. ex-spouse’s contractual rights under Marital Settlement Agreement. Who wins?
Homestead Litigation
Does a trustee’s breach of fiduciary duty = “fraud” for equitable lien on homestead purposes?
By Juan C. Antúnez on

Reliable, user-friendly homestead charts for the busy practitioner
By Juan C. Antúnez on
There’s a good reason why homestead litigation is a recurring theme for…
Continue Reading Reliable, user-friendly homestead charts for the busy practitioner
Can a condo subject to a 100 year lease = creditor protected homestead property for your heirs?
By Juan C. Antúnez on
Once again we have a homestead case where the key to understanding…
Continue Reading Can a condo subject to a 100 year lease = creditor protected homestead property for your heirs?
What happens “in a twinkle of an eye”when homestead property’s invalidly devised?
By Juan C. Antúnez on
Estate planners beware. As reported here by the WSJ, “When it comes…
Continue Reading What happens “in a twinkle of an eye”when homestead property’s invalidly devised?
If a foreign national doesn’t qualify for the homestead tax exemption, is he also automatically disqualified from claiming homestead creditor protection?
By Juan C. Antúnez on
Homestead rights evaporate at death if property was owned as a joint tenancy with right of survivorship
By Juan C. Antúnez on
Marger v. De Rosa, — So.3d —-, 2011 WL 252942 (Fla.
Continue Reading Homestead rights evaporate at death if property was owned as a joint tenancy with right of survivorship

Can husband and wife waive homestead rights by merely signing a joint deed?
By Juan C. Antúnez on
Habeeb v. Linder, — So.3d —-, 2011 WL 613392 (Fla. 3d…
Continue Reading Can husband and wife waive homestead rights by merely signing a joint deed?

Does homestead property in marital trust lose its creditor protection?
By Juan C. Antúnez on
This is the second time the 3d DCA has weighed in on…
Continue Reading Does homestead property in marital trust lose its creditor protection?
New legislation cures Florida’s “homestead trap” for widows and widowers and resolves conflicting judicial decisions regarding post-death disclaimers of homestead rights
By Juan C. Antúnez on
Back in 2007 I wrote here about a provocative Florida Bar Journal…