Do I Lose My House If I File Chapter 7 in Florida?

When someone is considering filing Chapter 7 bankruptcy, one of the biggest fears is: “Will I lose my home?” In Florida, many people are protected by the state’s homestead exemption, making it possible to retain your house in most Chapter 7 cases—if certain conditions are met.

Below, we break down how the Florida homestead exemption works, what limits apply, and when a home could be at risk. If you’re in Tampa, Miami, Orlando, or anywhere else in Florida, read on to know your rights.

What Is the Florida Homestead Exemption?

Florida’s homestead exemption is famous for being generous. Under Florida law, your primary residence can often be fully exempt—meaning the bankruptcy trustee is barred from selling it to pay creditors—so long as the home qualifies under certain rules.

If you meet all these requirements, typically you don’t lose your home in a Florida Chapter 7 bankruptcy—even if there is equity in it. Understanding Florida's Homestead Rule as it applies to Chapter 7 Bankruptcy.

When Could You Lose Your Home in Chapter 7?

Even in Florida, your home may be at risk under certain circumstances:

1. You don’t meet the ownership / residency time requirement If you’ve lived in Florida less than two years (or haven’t met the 1,215-day requirement), you may not be eligible for the full unlimited homestead protection.

2. The property is not your primary residence If the house is a second home, a vacation property, or an investment property, it’s unlikely to qualify under the homestead exemption.

3. Non‑exempt equity above the cap If your equity exceeds what’s protected (under the capped exemption rules), the trustee could demand to sell the home (or force you to pay them the non‑exempt portion).

4. Fraudulent transfers / recent investments If you put a lot of non-exempt money into the home (like paying off a mortgage or doing expensive renovations) right before filing bankruptcy, the trustee might use the “clawback” rules to challenge that.

5. Mortgage / tax payments in arrears Even if your home is protected from liquidation, mortgage lenders can still foreclose if you stop paying. Bankruptcy doesn’t automatically cure missed payments unless you file under Chapter 13.

   
   

So, Will You Lose Your House?

In most Chapter 7 cases in Florida, no, you will not lose your house, because the homestead exemption protects your equity—provided you meet the rules above.

However:

• If you don’t meet the 1,215-day rule (or other criteria), you might only get a capped exemption, putting excess equity at risk.

• Lenders can still foreclose for missed payments.

• The trustee has rights to challenge questionable transactions.

How to Protect Your Home: Tips & Strategy

• Hire a qualified Florida bankruptcy attorney who knows how to apply homestead exemption rules.

• Document your ownership and residency for the required period.

• Avoid large pre‑bankruptcy cash injections or transfers to the property that could be attacked.

• Don’t rely on verbal assumptions—get written exemptions claimed properly in your bankruptcy schedules.

• If you’re behind on mortgage payments and want to keep your house, consider Chapter 13 instead, which allows you to catch up through a repayment plan.

Need Help in Tampa?

If you’re worried about losing your home in a Chapter 7 bankruptcy in Tampa, Orlando, Miami, or anywhere in Florida, contact Mosakowski Law, PA. We’ll review your home, equity, timeline, and help determine your best path forward.

Call us at (813)296‑2968 or fill out our online form for a free consultation.