Florida residency

[Jerry8542]

Does anyone have any experience with one spouse being a resident of Florida and the othere spouse being a resident of another state ? We own a house in The Villages and one in Ohio and spend roughly six months in Florida and six months in Ohio. It seems that if The Village's home were titled only in one name and the Ohio home titled only in the spouse's name that you could get homestead exemptions in both states.

[MelZ]

Does anyone have any experience with one spouse being a resident of Florida and the othere spouse being a resident of another state ? We own a house in The Villages and one in Ohio and spend roughly six months in Florida and six months in Ohio. It seems that if The Village's home were titled only in one name and the Ohio home titled only in the spouse's name that you could get homestead exemptions in both states.

If you are married and not legally seperated I believe that is called fraud.

[BobKat1]

Definitely sounds like something you'd want to get professional tax or legal advice on.

[EdV]

If you are married and not legally seperated I believe that is called fraud.

It's not fraud, it's creative accounting. If there is no joint ownership (title) in the two homes it's perfectly legal regardless of their marital status. She would claim permanent residence and homestead for her Ohio home and he would claim permanent residence and homestead for his Florida home.

Of course, if either one were to die during this arrangement, the deceased's home would have to be probated instead of automatically passing to the surviving spouse, and that could become quite sticky.

On the other hand, if either (or both) of the above homes were jointly owned via title, then only one homestead exemption could be legally claimed.

[dfn8tly]

"Creative accounting" is what got Bernie Madoff a new permanent residence, without homestead rights. EdVinMass, are you licensed to practice Florida Real Estate Law? I'm not doubting your information or integrity. Just perhaps questioning local knowledge. I'll bet Florida courts have extensive case law regarding this issue.

[EdV]

... EdVinMass, are you licensed to practice Florida Real Estate Law? I'm not doubting your information or integrity. Just perhaps questioning local knowledge....

Sure you are. Using "FUD", Fear, Uncertainty and Doubt. i.e. Don't even think about applying for the Florida Homestead Exemption until you shell out three or four hundred dollars to a Certified Tax Attorney first.

The Florida Homestead Act is based on home ownership not marital status. If you meet the qualifications, you get it.

Here's a link to one of the many sites that discuses the qulifications. What part don't you understand?

http://www.brevardpropertyappraiser.com/mainhtml/taxexempt.asp#Homestead

[MelZ]

Sure you are. Using "FUD", Fear, Uncertainty and Doubt. i.e. Don't even think about applying for the Florida Homestead Exemption until you shell out three or four hundred dollars to a Certified Tax Attorney first.

The Florida Homestead Act is based on home ownership not marital status. If you meet the qualifications, you get it.

Here's a link to one of the many sites that discuses the qulifications. What part don't you understand?

http://www.brevardpropertyappraiser.com/mainhtml/taxexempt.asp#Homestead

"Clink" is the sound of the cell door closing behind you. Maybe you will get away with a little fraud but in time the law or the bad Karma will catch up with you.

[EdV]

Melz,

I can’t help it if you are unable to understand the difference between Tax Avoidance and Tax Evasion.

But accusing fellow TOTV members of fraud is not the answer.

[otherbruddaDarrell]

Ask Earl:D

[Indy-Guy]

wrong place for what I said.

[BobKat1]

For me, it would be worth a few $$'s to consult an expert, and then make an informed decision on what to do. I'd rather spend a few dollars upfront vs. perhaps a lot more dollars from a bad decision.

[JimJoe]

I dont see any problem in having my residency in Florida while my wife has her in her home state. There is no law we have to live together at all times. If we honestly comply with the law in both states, there should not be any problem.

[MelZ]

Mel,

I can’t help it if you are unable to understand the difference between Tax Avoidance and Tax Evasion.

But accusing fellow TOTV members of fraud is not the answer.

I apologize for accusing a fellow TO TV member of contemplating fraud, but if I'm right a mere apology will not suffice with the Tax Man. :police:

Therefore I think he should ask the question of a competent lawyer and tax accountant.

[Jerry8542]

No offense taken.