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Declaration of Domicle

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Does a creditor have a judgment against you? How do you keep them from trying to enforce the judgment against the equity in your home?  In Florida, your primary residence is protected from the claims of most creditors.

The first step is to make sure that there is no question that this property is in fact your primary residence. This is especially important if you own more than one property. This can be done by filing a Declaration of Domicile and having it recorded in the official records. Florida statutes state that "

Such sworn statement shall contain, in addition to the foregoing, a declaration that the person making the same is, at the time of making such statement, a bona fide resident of the state, and shall set forth therein his or her place of residence within the state, the city, county and state wherein he or she formerly resided, and the place or places, if any, where he or she maintains another or other place or places of abode.

Contact our office to see if this can help your situation, or to explore other solutions.

 

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