Can you Homestead a Florida’s Property that’s under a Revocable Trust?

Yes, you generally can homestead a property that’s owned by a Revocable Trust, but there are some important conditions.

Here’s how it usually works:

1. The Trust must be Revocable:
   Homestead protection (for property tax exemption and creditor protection) is allowed if the trust is revocable — meaning the person(s) who created it (the grantor(s)) still control the trust and can modify or revoke it at any time.
2. The Beneficiaries must qualify:
   The person claiming the homestead exemption must have the right to possess and occupy the property — typically, the grantor is also the beneficiary during their lifetime.
3. Florida Example (since you’re in Florida):
   In Florida, for instance, as long as the grantor/trustee is the person living in the home and the trust is revocable, you can apply for the Florida Homestead Exemption even though the title is technically held by the trust.
   (Florida courts and property appraisers recognize this based on legal cases like Cutler v. Cutler and Callava v. Feinberg.)
4. Homestead Language in the Trust (Important!):
   It’s very helpful (sometimes even required) that the trust specifically says the grantor has the right to live in the home — it should clearly describe that right of occupancy and use.
   If the trust is silent or unclear, it could cause complications with claiming the exemption.
5. Practical Step:
   When applying for homestead exemption (for taxes), you usually submit:
   • Proof that the trust is revocable
   • An affidavit or copies of certain parts of the trust showing your right to live there
   • Your deed showing the trust as owner

Quick Example:

• 🔹 John Doe places his home into the “John Doe Revocable Trust.”
• 🔹 John is the trustee and beneficiary.
• 🔹 John lives in the home.
• 🔹 John applies for the homestead exemption. John can claim the homestead exemption.