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Home > Jurisdictions > > Florida Asset Protection

Florida Asset Protection

Residence Policies

Residence Policy

Florida is considered very liberal when it comes to Asset Protection laws.  You must be a Florida resident to take advantage of the Asset Protection laws and benefits.  Being a Florida resident means more then having a place in Florida to stay.

Sworn Declaration of Domicle

 Florida Statute §222.17 states that a person can show intent to maintain a Florida residence as a permanent home by filing a sworn Declaration of Domicile with the clerk of the circuit court. A resident may still have concurrent ownership of a residence in another state provided that Florida is claimed as the primary residence.  This means that you call Florida home and not a vacation place.  This must be your true, fixed residency and permanent home as outlined in Florida Statute §196.012

The Statute does not exclude concurrent ownership of a residence in another state provided that primary residence is claimed only in Florida. Florida Statute §196.012 defines a permanent residence as "that place where a person has his or her true, fixed, and permanent home and principal establishment to which, whenever absent, he or she has the intention of returning."

 If you end up in any court or asset protection litigation the court will examine the following relevant factors to determine if you are a resident of Florida according to Florida Stature §196.015.

  • Declaration of Domicile
  • The designated place of your personal mail, such as your tax return
  • Florida Driver’s License and License Registration and tags on vechicles
  • Ancillary paperwork that show you reside in Florida (like tax documents, living expenses, hospital or doctor care)
  • Place of your employment;
  • Termination of a previous residency
  • Registration to vote in Florida

It also might help in a dispute to show a family history in Florida.

 

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