Florida’s homestead exemption can provide very strong protection outside bankruptcy. A bankruptcy filing introduces federal rules that can limit the exemption even when the property qualifies under state law.
Which State’s Exemptions Apply?
11 U.S.C. section 522(b)(3)(A) generally looks to the debtor’s domicile during the 730 days before filing. If the debtor was not domiciled in one state throughout that period, an earlier lookback applies. A recent move to Florida does not automatically make Florida exemptions available.
The 1,215-Day Rule
Section 522(p) can limit the amount of certain residence or homestead interests acquired during the 1,215 days before filing. The adjusted amount is $214,000 for cases filed on or after April 1, 2025, under the published federal adjustment. Dollar amounts are periodically adjusted and should be checked for the filing date.
This is not a simple rule that every home less than 40 months old has the same cap. The statute contains exceptions, including a rule concerning certain equity transferred from an earlier principal residence in the same state. Acquisition of an interest and the source of equity require individual analysis.
Other Limits Still Matter
Section 522(o) can reduce an exemption for value attributable to certain dispositions of nonexempt property within ten years when the required intent to hinder, delay, or defraud is present. Section 522(q) imposes additional limits in specified circumstances. Liens and other provisions can also affect what a debtor may retain.
These rules should not be reduced to a promise that waiting a set number of years makes a home safe. Nor does an exemption erase the underlying debt or excuse disclosure.
Get Advice Before a Transaction
If bankruptcy, a claim, or financial distress is possible, consult qualified counsel before buying a home, paying down a mortgage, changing title, or transferring assets. Bring the residence history, deeds, financing records, and the source and timing of contributions.
Strong planning uses the exemptions that lawfully apply to the actual facts. It does not rely on an outdated dollar figure or an assumption of unlimited protection.
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