Florida Statutes

Fla. Stat. § 222.08 (2025)

Jurisdiction to set apart homestead and exemption.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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222.08 Jurisdiction to set apart homestead and exemption.—The circuit courts have equity jurisdiction to order and decree the setting apart of homesteads and of exemptions of personal property from forced sales.

History.—s. 2, ch. 3246, 1881; RS 2005; GS 2527; RGS 3882; CGL 5789.

Notes of Decisions

Cited in 4 cases, 1972–2010 · leading case: Smith v. Am. Consum. Fin. Corp. (In Re Smith), 21 B.R. 345 (Bankr. M.D. Fla. 1982).

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Smith v. Am. Consum. Fin. Corp. (In Re Smith), 21 B.R. 345 (Bankr. M.D. Fla. 1982). · cites it 4× “§ 522 (h) 1 and §§ 222.08 and 86.011, Fla.Stat. (1981) 2 seeking to avoid the transfer of her exempt real property and to set aside the levy and sale.”

Grant v. Credithrift of Am., Inc., 402 So. 2d 486 (Fla. 1st DCA 1981). “" The trial court erred in concluding that Chapter 222 places the burden on the claimant to do something more to establish his homestead claim, such as seeking a circuit court judgment declaring through § 222.08 that the property is indeed homestead, or enjoining the sale under…”

In Re Mayhugh, 427 B.R. 549 (Bankr. S.D. Florida 2010). · cites it 2× “Moreover, Florida law provides for the state circuit court to determine whether property is eligible for the constitutional homestead protection, see Fla. Stat. § 222.08 , if, as is the case here, entitlement to the homestead protection is contested by a creditor.”

Cohen v. Coral Gables First Nat'l Bank, 266 So. 2d 188 (Fla. 3d DCA 1972). · cites it 2× “, 1 and Fla.Stat. § 222.08, F.S.A., only the circuit courts of this State have the equity jurisdiction to set apart homesteads.”

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