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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116193
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have two premarital homes in my name only. The Pasco Co,

Customer Question

I have two premarital homes in my name only. The Pasco Co, FL house is paid for and homesteaded.
If my husband’s name is ***** ***** the deed, am I able to extend my stay in VA beyond the 6 month homestead regulation while trying to sell my VA home without risk of losing homestead benefits?
If so, am I able to work as a temp or contractor in VA beyond 6 mos and maintain homestead once husband’s name is added?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, in FL, even if you are temporarily in VA to sell your property and working there until you do so and it takes you more than 6 months, you can retain your homestead and homestead benefits. The home can remain under the homestead exemption if that is going to be your primary residence, even though you are staying in VA in your temporary residence until it sells.

Customer: replied 11 months ago.
My question included a query regarding employment which remains unanswered....
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
I am sorry, I thought I answered that part as well if you reread what I said above, I did say "even if you are temporarily in VA to sell your property and working there until you do so.."
You can work temporarily in VA and still maintain the FL home as your primary residence to qualify for the homestead, even once you add your husband's name to the deed. The key is that it must be the primary residence, you are only temporarily in VA, so the FL home can remain your primary residence.

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