Are Mobile Homes Protected Under Florida Homestead Law? – Asset Protection

Florida homestead law does apply to mobile homes. They are not protected under the Florida Constitution, but they are protected under section 222.05  of the Florida Statutes.

The statute provides that mobile homeowners and occupants whose home is on leased land may claim the mobile home as their homestead and exempt it from levy and forced sale.

Homestead Protection in Florida

Florida’s Homestead Law provides two protections to homeowners:

1. Protection from Creditors: Preventing the forced sale of the home by creditors.
2. Property Tax Exemption: Reducing the property’s taxable value, thereby lowering property taxes.

These protections are designed to provide stability and security to homeowners, ensuring that residents have a safe and permanent shelter. The same protections can apply to mobile homes.

Mobile Homes and Homestead Protection

Mobile Homes on Owned Land:

If you own both the mobile home and the land on which it is situated, the mobile home can be declared as a homestead in the same way as a traditional house.

This means the mobile home will receive homestead protection from creditors and qualify for the property tax exemption provided you meet the standard criteria of residency and application.

Mobile Homes on Leased Land:

Things become more complex when the mobile home is on leased land.

Florida law allows for mobile homes on leased land to be declared as homesteads if the owner permanently affixes the home to the land and has legal or beneficial ownership in the land through a lease.

However, while these homes can receive creditor protection, the property tax exemption applies differently.

Owners of mobile homes on leased land can apply for a tax exemption certificate that reduces the license tax owed rather than reducing property tax, as the land itself is not owned.

Applying for Homestead Exemption for Mobile Homes

The process to apply for a homestead exemption for a mobile home involves:

1. Documentation of Ownership: For mobile homes on owned land, you must show proof of ownership for both the land and the home.
2. Permanent Affixation: For mobile homes on leased land, the home must be permanently affixed to the land, which generally involves specific modifications to ensure the home is stationary and connected to utilities.
3. Residency: You must reside in the mobile home and it must be your primary residence.
4. Application: The application must be submitted to your local County Property Appraiser’s office, typically by March 1st to receive the exemption for that tax year.

About the Author

I’m an attorney who specializes in asset protection planning. I graduated with honors from Emory University Law School and have been practicing law for almost 15 years.

I have helped thousands of clients protect their assets from creditors. Before private practice, I represented the federal government while working for the IRS Office of Chief Counsel.