222.05
Setting apart leasehold.
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222.05 Setting apart leasehold.—Any person owning and occupying any dwelling house, including a mobile home used as a residence, or modular home, on land not his or her own which he or she may lawfully possess, by lease or otherwise, and claiming such house, mobile home, or modular home as his or her homestead, shall be entitled to the exemption of such house, mobile home, or modular home from levy and sale as aforesaid.
History.—s. 5, ch. 1715, 1869; RS 2002; GS 2524; RGS 3879; CGL 5786; s. 1, ch. 77-299; s. 1198, ch. 95-147.
Notes of Decisions
Cited in 29
cases (2 in the last 5 years), 1987–2022 · leading case: In Re Lisowski
In Re Lisowski (2008)
“Fla. Stat. 222.05. Section 222.25(4) of the Florida Statutes provides: 222.”
In Re Mead (2000)
“Fla. Stat. § 222.05 Applying section 222.”
In Re Meola (1993)
“This case presents an issue of first impression in Florida: whether a travel trailer qualifies as an exempt homestead under Fla.Stat. § 222.05. The Debtor owns a 32-foot 1985 Jayco Bluejay Trailer.”
Miami Country Day School v. Bakst (1994)
“Miami Country Day School [School] appeals a non-final order ruling that the houseboat owned by Jackie Bakst qualifies as homestead pursuant to Article X, section 4 of the Florida Constitution, and section 222.05, Florida Statutes (1993). We affirm.”
& SC16-400 Elizabeth White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC., and Americare Home Therap (2017)
“3d DCA 1994) (interpreting “including” in section 222.05, Florida Statutes (1993), expansively); Yon v.”
In Re Kirby (1998)
“Florida expanded the protection of homestead with section 222.05, Fla. Stat., to include mobile homes used as a residence on leasehold estates.”
In Re Dean (1995)
“05, which provides: Any person owning and occupying any dwelling house ... on land not his own which he may lawfully possess, by lease or otherwise .”
In Re Mangano (1993)
“DISCUSSION The issue before the Court is whether the Debtors can claim the Sports Coach as their homestead pursuant to Article X, Section 4 of the Florida Constitution and Florida Statutes § 222.05. Article X, Section 4 of the Florida Constitution provides in relevant part:…”
In Re Walter (1999)
“The Debtors own a 48' Hi-Star Motor Vessel, Canadian Registration #30E-16410, powered by twin 425 horsepower Caterpillar Diesel Engines which they claimed as their exempt homestead pursuant to Section 222.05, Florida Statutes. The Trustee filed a timely objection to the claimed…”
In Re McClain (2002)
“) On Schedule C Debtors listed a 1991 Bounder mobile home as exempt homestead property pursuant to Fla. Stat. § 222.05 . Debtors’ Schedule A disclosed Patricia McClain’s interest in 200 acres located at 12500 South Florida Avenue, Floral City, Florida 34436 “(the Real Property”)…”
In Re Schumacher (2008)
“Fla. Stat. 222.05. The Debtors purchased the Motor Home from Cross Country in November 2007.”
In Re Hacker (2000)
“Florida Statutes § 222.05 provides that an unorthodox residence may qualify for the Article X, § 4 homestead exemption under certain circumstances.”
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