Maintaining FL SOH While Away Traveling But Collecting Rents from Roommates

[FL Homesteader]

What is the name of your state (only U.S. law)? FLORIDA

If I understand this right, the SOH (save our home) homestead exemption law used to be written such that if you kept just a closet of a house for yourself, while renting out the rest of the property, you could maintain homestead while away.

I believe that was changed a few years back by https://www.flsenate.gov/Session/Bill/2013/0342 such that you can maintain SOH homestead if you rent outright the entire unit for only one year (as long as owner is in house on 1st of year) but not for two consecutive years and that otherwise "The rental of all or substantially all of a dwelling previously claimed to be a homestead for tax purposes shall constitute the abandonment of such dwelling as a homestead."

My question: If I was to travel for, say, five years to Asia/SE Asia, not working but just to travel, explore a place for a while, learn the cultures, etc. Maybe spending a few years in one country, a few months in another, etc., being half way around the world not really convenient to fly back and forth to the states, though having full intention to maintain Florida home base and live in long-established homestead after traveling thru Asia, would having paying roommates with, say two of three bedrooms and full house privileges while maintaining my full rights to my own house (though I'd be half way around the world with all my personal possessions still in the house) in any way jeopardize my SOH homestead?

 

[FarmerJ]

I suggest you should plan on returning in order to spend enough time in the home to be able to keep the homestead tax credit and keep your travel plans arranged so that you wont lose that status.

 

[FL Homesteader]

I suggest you should plan on returning in order to spend enough time in the home to be able to keep the homestead tax credit and keep your travel plans arranged so that you wont lose that status.

I'm not sure if that answers the question with regard to law but thank you for your response.

 

[FlyingRon]

Rental of the "entire" property will disqualify you. If you do keep some of it as your "permanent residence" you can continue the claim. There's no need for a specific location or percentage. Roommates are fine as long as this meets the definition. From the statute:

“Permanent residence” means that place where a person has his or her true, fixed, and permanent home and principal establishment to which, whenever absent, he or she has the intention of returning. A person may have only one permanent residence at a time; and, once a permanent residence is established in a foreign state or country, it is presumed to continue until the person shows that a change has occurred.​

So the test is really two-fold. First you have to show that this is your residence, items such as where your children are registered for school, your place of employment, residency in another state, the address where you are registered to vote, the address on your driver’s license or identification card, vehicle registration, the address on your federal income tax returns, the address on your bank statements, and proof of payment for utilities at the subject property.

The second is whether you will be considered as setting up residence somewhere else (be it in Florida, in another state, or abroad).

I'm not sure I agree with FarmerJ about periodic returns. It would seem that this is neither in the statute nor in the yardsticks they use to interpret the statute.

A nomad traveller who continues to maintain their tax/drivers license/bill mailing. etc... at the Florida home without putting down roots elsewhere would seem to qualify.