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Homestead and land trusts

Can you put your home in a land trust and keep the Florida homestead exemption?

For most Florida homeowners the first question is the homestead exemption. Moving your home into a land trust does not have to mean giving it up.

What the exemption requires

Florida requires that you keep the right to live in the property. When your counsel drafts the trust agreement so that you, as beneficiary, keep that right, the exemption can stay in place.

In the DeedWarden intake we ask whether you claim, or plan to claim, the exemption, and flag it for your counsel.

Your mortgage

Federal law (Garn-St Germain) generally protects transfers into a trust where you stay the beneficiary and occupant. Your counsel may still recommend notifying your lender.

Who does what

DeedWarden is the trustee, not a law firm, and does not give legal or tax advice. Your trust agreement and deed come from Florida counsel you retain.

DeedWarden is not a law firm and does not provide legal or tax advice. Talk to Florida counsel about your situation.

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