Can you have a homestead exemption in 2 different states?

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Can you have a homestead exemption in 2 different states?

I have a home in Florida and another in Texas. Both are primary residences. Is it possible to obtain a homestead exemption on both houses?

Asked on February 22, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you can't, because you can't have two (or more) primary residences. You can only have one primary residence at a time. A primary residence is a place where you spend more than half (even if only a day more than half) of your time (not counting brief vacations or business trips; those do not affect designation of primary residence). If you have two residences and split your time evenly--exactly 1/2 the year in one, exactly 1/2 in the other--you don't really have *any* primary residence, though likely no one would complain if you claim one--and only one--as primary. If you spend even slightly more time in one than the other, that is your primary. But in any event, primary means "main"--you can't by definition have more than one "main" residence, and claiming more than one would be a form of fraud.


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