Florida Statutes

Fla. Stat. § 196.041 (2025)

Extent of homestead exemptions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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196.041 Extent of homestead exemptions.—

(1) Vendees in possession of real estate under bona fide contracts to purchase when such instruments, under which they claim title, are recorded in the office of the clerk of the circuit court where said properties lie, and who reside thereon in good faith and make the same their permanent residence; persons residing on real estate by virtue of dower or other estates therein limited in time by deed, will, jointure, or settlement; and lessees owning the leasehold interest in a bona fide lease having an original term of 98 years or more in a residential parcel or in a condominium parcel as defined in chapter 718, or persons holding leases of 50 years or more, existing prior to June 19, 1973, for the purpose of homestead exemptions from ad valorem taxes and no other purpose, shall be deemed to have legal or beneficial and equitable title to said property. In addition, a tenant-stockholder or member of a cooperative apartment corporation who is entitled solely by reason of ownership of stock or membership in the corporation to occupy for dwelling purposes an apartment in a building owned by the corporation, for the purpose of homestead exemption from ad valorem taxes and for no other purpose, is deemed to have beneficial title in equity to said apartment and a proportionate share of the land on which the building is situated.

(2) A person who otherwise qualifies by the required residence for the homestead tax exemption provided in s. 196.031 shall be entitled to such exemption where the person’s possessory right in such real property is based upon an instrument granting to him or her a beneficial interest for life, such interest being hereby declared to be “equitable title to real estate,” as that term is employed in s. 6, Art. VII of the State Constitution; and such person shall be entitled to the homestead tax exemption irrespective of whether such interest was created prior or subsequent to the effective date of this act.

History.—s. 2, ch. 17060, 1935; CGL 1936 Supp. 897(3); s. 1, ch. 65-281; s. 2, ch. 67-339; ss. 1, 2, ch. 69-55; s. 1, ch. 69-68; s. 1, ch. 73-201; s. 1, ch. 78-324; s. 35, ch. 79-164; s. 4, ch. 81-219; s. 35, ch. 94-353; s. 1474, ch. 95-147.

Note.—Former s. 192.13.

Notes of Decisions

Cited in 10 cases, 1970–2008 · leading case: S. Walls, Inc. v. Stilwell Corp., 810 So. 2d 566 (Fla. 5th DCA 2002).

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S. Walls, Inc. v. Stilwell Corp., 810 So. 2d 566 (Fla. 5th DCA 2002). · cites it 2× “See also § 196.041, Fla. Stat. (2001). Although, as we have previously indicated, homestead provisions relating to taxation do not necessarily control the determination of homestead status as it relates to the exemption from forced sale, we do find this provision of the…”

Prewitt Mgmt. Corp. v. Nikolits, 795 So. 2d 1001 (Fla. 4th DCA 2001). · cites it 2× “§ 196.041, Fla. Stat. (1997). Both parties agree that a wholly owned corporation which qualifies for sub chapter *1004 S status under the Internal Revenue Service Code is not on the list of corporate entities under section 196.”

Robbins v. Welbaum, 664 So. 2d 1 (Fla. 3d DCA 1995). · cites it 4× “§ 196.041, Fla. Stat. (1993). Here, both parties agree the QPRT is valid under I.”

In Re Est. of Wartels, 357 So. 2d 708 (Fla. 1978). · cites it 2× “Section 196.041, Florida Statutes (1973) grants homestead exemption to a tenant-stockholder or member of a cooperative apartment corporation who is entitled to occupy for dwelling purposes an apartment in a building owned by the corporation.”

In Re Duque, 33 B.R. 201 (Bankr. S.D. Florida 1983). “It is well settled that homestead decisions for tax purposes are based upon a completely different statutory provision (§ 196.041, Florida Statutes) and may have no relevancy to decisions for forced sale purposes.”

Freedom Props. v. Alderman, 589 So. 2d 424 (Fla. 2d DCA 1991). · cites it 2× “The plaintiffs argue that the legislature has provided an exemption more generous than that contained in the constitution because section 196.041(2), Florida Statutes (1989), permits an exemption for a “beneficial interest for life.”

State v. Swinscoe, 376 So. 2d 1 (Fla. 1979). · cites it 4× “We further specifically held that a cooperative apartment was not an interest in land for the purposes of descent and distribution under the homestead laws *3 of this state except for the allowance of a homestead tax exemption as specifically provided in section 196.”

Straughn v. Amoco Prod. Co., 309 So. 2d 39 (Fla. 2d DCA 1975). “[4] § 196.041, F.S. 1973. [5] (Fla. 1960), 119 So.”

Overstreet v. Ginsberg, 233 So. 2d 184 (Fla. 3d DCA 1970). · cites it 2× “031 and § 196.041, Fla.Stat., in the 1969 Session of the Florida Legislature.”

Higgs v. Warrick, 994 So. 2d 492 (Fla. 3d DCA 2008). “Section 196.041 states that lessees owning the leasehold interest in a bona fide lease having an original term of 98 years or more in a residential parcel .”

— 196.041(2) — 1 case

Freedom Props. v. Alderman, 589 So. 2d 424 (Fla. 2d DCA 1991). “The plaintiffs argue that the legislature has provided an exemption more generous than that contained in the constitution because section 196.041(2), Florida Statutes (1989), permits an exemption for a “beneficial interest for life.”

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