[SueBo]

Does anyone know if it's legal for one spouse to declare residency in the home state and the other declare Florida residency so that each can claim a homestead exemption on each house? We know we would have to have our driver's license in the state of our declared residency.

[Bogie Shooter]

Originally Posted by SueBo

Does anyone know if it's legal for one spouse to declare residency in the home state and the other declare Florida residency so that each can claim a homestead exemption on each house? We know we would have to have our driver's license in the state of our declared residency.

Probably would work until you got caught.

[villagerjack]

I hear this frequently but it is not advised. You could lose the larger one.

[EdV]

You can do it legally if each spouse is the sole owner of the home being claimed for the homestead, i.e. she is the deeded owner of the home up north and he is the sole owner of the home down here or vice versa.

It would also probably dictate filling taxes individually rather than jointly so as to keep things straight and legit.

[Ohiogirl]

I'm not an attorney, so don't take this as written in stone, but consider that if you each own individually - one in Florida and one in another state, then the spouse who is on the title of the Florida house may be the only one who is eligible for a Villages resident id.

I am not certain of this, and it may be different for married couples, but I bought my villa in my name about 4 years ago, assuming that my SO could also get a resident ID as we live in his house in Ohio together. Not true. Until he got added to the title last year he had to use a regular guest pass each time we came down, which mostly meant that he did not get the free executive golf or the resident rate for championship golf nor could he use the resident only athletic pools at the regional rec centers.

We found this out when we went to get our resident id's on our first trip down after I closed on the villa (we closed by mail). Found that he could be added when/if he became a full-time Florida (Villages) resident, but would have to show a Florida driver's license showing the Villages address, and perhaps another form or proof (listed on a utility bill)? Can't remember for sure. But check it out if you are considering this. He might not have been eligible to join any clubs, etc. as well.

Since we were only there sporadically, and he doesn't play golf much (yet), it wasn't a big deal, but be sure you contact the Villages about this if you are considering it. I would be sure to get the policy in writing, or find out where it is written in the codes & covenants, or wherever it is. Our sales associate did not mention this, and maybe didn't know, but she was well aware of our plans to rent out for a few years but visiting spring and fall. Doubt if it would have made any difference to us, but if you are considering being snowbirds for a length of time each year I would be sure to check it out.

[JohnN]

As EdVinMass says, if married, you each have to be the sole owner of each home and claim residency in the state where that home is.

[Pturner]

Oh what a tangled web we weave
When first we practice to deceive

[zcaveman]

I am sure the fine will exceed the supposed savings. Why does everyone have to try to beat the system?

[bargee]

They'll beat the system and you'll pay their share of the taxes.Real fair.

[EdV]

Originally Posted by Pturner

Oh what a tangled web we weave
When first we practice to deceive

The entire U.S. Tax Code system is a "Tangled Web".

[otherbruddaDarrell]

Originally Posted by SueBo

Does anyone know if it's legal for one spouse to declare residency in the home state and the other declare Florida residency so that each can claim a homestead exemption on each house? We know we would have to have our driver's license in the state of our declared residency.

Why do you think they are trying to beat the system? To me it is an honest question.
I own two homes and only have the one exemption, but I had the same question when I first moved down here.

[Russ_Boston]

I thought homestead was also based on residency? In other words you need to actually 'live' here more than X months. Not just be on the deed or have a drivers license. Unless you want to lie about it how can 1 person live more than X months up north and 1 person live more than X months down here?

Just curious - don't know anything for sure.

[JohnN]

I own two homes and have only one homestead exemption, but.. but..

seems a fair enough question.

not beating the system, but if it's legal it's legal.

I know quite a few in TV where one spouse comes down without the other (due to that one is still working, or whatever), so it is possible.

[Allen]

Originally Posted by Russ_Boston

I thought homestead was also based on residency? In other words you need to actually 'live' here more than X months. Not just be on the deed or have a drivers license. Unless you want to lie about it how can 1 person live more than X months up north and 1 person live more than X months down here?

Just curious - don't know anything for sure.

This seems to make sense in principle based on the following from the Sumter County website:

http://www.netside.net/~c3i/tax.htm

Unfortunately, the site does now allow for "Copy and Paste" or "Right Clicking", however if you scroll about a third of the way down you will see the topic: REQUIREMENTS FOR THE HOMESTEAD EXEMPTION. Pay particular attention to three references to Florida Statue 196.015 a bit below on the page. The first lists requirements. The second addresses "Permanent residency", and the describes the property appraiser's role in making this determination.

[MelZ]

Originally Posted by Allen

This seems to make sense in principle based on the following from the Sumter County website:

http://www.netside.net/~c3i/tax.htm

Unfortunately, the site does now allow for "Copy and Paste" or "Right Clicking", however if you scroll about a third of the way down you will see the topic: REQUIREMENTS FOR THE HOMESTEAD EXEMPTION. Pay particular attention to three references to Florida Statue 196.015 a bit below on the page. The first lists requirements. The second addresses "Permanent residency", and the describes the property appraiser's role in making this determination.

the actual form:

http://www.netside.net/~c3i/dr501.pdf