BRADLEY E. KING, APPELLANT,
v.
BEN F. KING, APPELLEE
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A Florida appellate court upheld that a father's life estate in homestead property is exempt from forced sale despite a judgment obtained by his son for voluntarily paid expenses. The court found that the expenses—mortgage payments, condominium assessments, and maintenance—did not fall within the exceptions to the homestead exemption under the Florida Constitution.
The court affirmed that the father's life estate in the homestead is exempt from forced sale. The judgment did not establish that the expenses fell within the constitutional exceptions because the judgment failed to differentiate between portions benefiting the father's life estate interest and portions benefiting only the son as remainderman.
[1] A life estate in homestead property is exempt from forced sale under Florida law, absent specific exceptions.
[2] The Florida Constitution exempts homestead property from forced sale except for taxes, assessments, obligations for purchase, improvement, or repair, and labor performed…
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Join FLexlaw to unlock all legal intelligence“There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty.”
The constitutional provision defining homestead exemptions and the exceptions thereto, central to the dispute.
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Join FLexlaw to unlock all legal intelligenceBradley King obtained a judgment against his father, Ben King, for $3,204 in expenses Bradley voluntarily paid for the father's homestead property, in…
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[*1200] PER CURIAM.
We affirm an order determining that Ap-pellee’s life estate in homestead property is exempt from forced sale. Appellant, who is Appellee’s son, obtained a judgment against his father for $3,204 in expenses paid, voluntarily, for mortgage payments, condominium assessments and maintenance.
The son claims that these debts, upon which the money judgment is founded, are expressly excepted from the homestead exemption in article X, section 4, of the Florida Constitution, which provides, in part:
There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty....
Art. X, § 4(a), Fla. Const. The judgment does not differentiate between that portion of the debt representing a current benefit to Appellee’s interest, such as current interest on the mortgage, and that portion of Appellant’s payments ultimately benefiting only Appellant-remainderman, such as the principal reductions on the mortgage. See generally Williams v. Williams, 120 So. 2d 202 (Fla. 3d DCA 1960). See also, Snow v. Arnold, 132 Fla. 435, 181 So. 7 (1938). We have considered, and deem inapposite, Palm Beach Sav. & Loan Ass’n, F.S.A. v. Fishbein, 619 So. 2d 267 (Fla.1993) and Burns v. Estate of Cobb, 589 So. 2d 413, 416 (Fla. 5th DCA 1991), relied upon by Appellant.
The trial court did not err in concluding that the father’s interest in the homestead is exempt from forced sale. We need not reach the additional issue addressed in the concurring opinion.
POLEN, J. and DONNER, AMY STEELE, Associate Judge, concur. STONE, J., concurring specially with opinion.
STONE, Judge,
concurring.
I concur in the opinion but would also note that the judgment in this case does not involve, and does not purport to be founded on, concepts of equitable lien, equitable subrogation or constructive trust. Nor has Appellant even claimed such relief. Appellant’s money judgment is for voluntary payments, and is not based upon a claim of fraud or a contract obligation between the parties. I also note that there is no reason to apply a different principle here than in a circumstance where an owner of homestead property borrows funds which are subsequently applied to repairs or mortgage payments by the debtor. See, e.g., Perry v. Beckerman, 97 So. 2d 860 (Fla.1957).
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S. Walls, Inc. v. Stilwell Corp. & Andrew O. Stilwell, 810 So. 2d 566 (Fla. 5th DCA 2002)…state evidenced by a warranty deed is not essential for a co-op owner to claim the exemption. A life estate interest, for example, that gives the owner the right to use and possess a co-op as his or her residence may be sufficient. See King v. King, 652 So. 2d 1199 (Fla. 4th DCA 1995) (holding that a life estate interest in a condominium qualifies for the homestead exemption from forced sale). The nature of the residence must next be determined. C. Nature Of The Residence The nature of the residence may take…
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Traeger v. Credit First Nat'l Ass'n, 864 So. 2d 1188 (Fla. 5th DCA 2004)…se and remand for further proceedings consistent herewith. REVERSED. GRIFFIN and PALMER, JJ., concur. . A condominium may qualify as a homestead. See Southern Walls, Inc. v. Stilwell Corp., 810 So. 2d 566, 571 (Fla. 5th DCA) (citing King v. King, 652 So. 2d 1199 (Fla. 4th DCA 1995)), review denied, 829 So. 2d 919 (Fla.2002). . The intestacy statute, section 732.103, Florida Statutes, provides the following hierarchy [*1190] of classes of people who are entitled to property if the decedent dies intestate:…
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Braswell v. Braswell, 890 So. 2d 379 (Fla. 3d DCA 2004)…ity, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or the owner’s family; ... Renee does not dispute that a condominium residence qualifies as homestead. See King v. King, 652 So. 2d 1199 (Fla. 4th DCA 1995). Renee argues, however, that Glenn’s condominium does not qualify for the exemption because it exceeds one-half acre of contiguous land. Admitting that the literal wording of the constitutional provision is not helpful, she argue…
Authorities Cited
- Palm Beach Sav. & Loan Ass'n v. Fishbein, 619 So. 2d 267 (Fla. 1993)
- Perry v. Beckerman, 97 So. 2d 860 (Fla. 1957)
- Snow v. Cassie Ethel Arnold, 132 Fla. 435 (Fla. 1938)
- Cora Williams v. Williams, 120 So. 2d 202 (Fla. 3d DCA 1960)
- Burns v. Est. OF John Luther Cobb, Sr., 589 So. 2d 413 (Fla. 5th DCA 1991)