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Re: HOH in Florida


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Posted by WHY CHAT (12.94.10.233) on January 27, 2003 at 13:24:46:

In Reply to: HOH in Florida posted by Victory on January 27, 2003 at 12:14:28:

"Lady" is correct that an IRS return indicating "head of household" filing status is proof of HOH exemption, however, Fl. Courts will accept a simple signed statement if, for instance someone is married, filing jointly and is the "principle breadwinner". So if one spouse is earning less than the other, the spouse that is the higher earner can claim the exemption. The same thing goes for other assets that may be attacked, but are actually exempt.

A simple affadavit of net equity in any vehicles with the name of the lienholder is acceptable. One should also check on their "homeowner's" exemption. If you have not filed for homeowner's property tax exemption, it would be VERY difficult to claim your homestead as exempt from lien.

On joint accounts, with another as primary, it cannot be touched unless the plaintiff is able to PROVE fraudulent transfer of assets.


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