McGann v. Halker - 530 So. 2d 440 (Fla. Dist. Ct. App. 1988)

Rule:

The issues of whether and when the permanent abandonment of a home, which is required to strip the property of its homestead character, has occurred are essentially matters of the intent of the record owner of the property. As such, they are almost invariably matters of fact to be determined on the basis of all the evidence and the inferences to be drawn from that evidence in the particular case.

Facts:

Appellant, who was the appellee’s ex-wife, held a 1980 judgment against him. Appellant filed a motion for declaratory judgment, arguing that the husband’s home lost its homestead character, and thus, became subject to execution upon the judgment after he left the home to reside and practice in Alabama. The lower court denied appellant’s motion. Appellant challenged the decision. 

Issue:

Did the property in question lose its homestead character, thereby subjecting it to execution? 

Answer:

No.

Conclusion:

The court affirmed the decision of the lower court, holding that the property held by the husband was not subject to execution upon appellant’s earlier judgment against appellee. According to the court, there was sufficient evidence that the husband’s absences were not permanent and that his intent to return was bona fide.