Homestead
In Florida, a homestead is a person's primary residence, which receives special constitutional protections from creditors and limits on how it can be sold or transferred. In a divorce, the marital home is often a homestead, and dividing it can be complicated by these protections—especially when minor children live there. How a homestead is handled affects both equitable distribution and where each spouse will live.
Last updated June 21, 2026
Legal Definition
A primary residence protected under Article X, Section 4 of the Florida Constitution from forced sale and certain creditors, with transfer and devise restrictions that interact with equitable distribution of the marital home under F.S. §61.075.
Example
Because the house was their homestead and the children lived there, the court let the mother stay in the home temporarily before it was sold.
Related Statutes
- 61.075
Related Terms
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