Florida Statute 222.08 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XV
HOMESTEAD AND EXEMPTIONS

Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS

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222.08 Jurisdiction to set apart homestead and exemption.—The circuit courts have equity jurisdiction to order and decree the setting apart of homesteads and of exemptions of personal property from forced sales.

History.—s. 2, ch. 3246, 1881; RS 2005; GS 2527; RGS 3882; CGL 5789.

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Amendments to 222.08

Annotations, Discussions, Cases:

Cases Citing Statute 222.08

Total Results: 6 | Sort by: Relevance | Newest First

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Smith v. Am. Consum. Fin. Corp. (In Re Smith), 21 B.R. 345 (Bankr. M.D. Fla. 1982).

Cited 20 times | Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 3803

...Plaintiff subsequently filed a Voluntary Petition under Chapter 7 of the Bankruptcy Code on July 31, 1981. She then filed this adversarial complaint in the bankruptcy proceeding against AMERICAN CONSUMER, JOAN THOMPSON and JAX-AM, INC., pursuant to § 522(h) of the Bankruptcy Code, 11 U.S.C. § 522(h) [1] and §§ 222.08 and 86.011, Fla.Stat....

...all property of the debtor, wherever located. 28 U.S.C. § 1471(e). This provision empowers the Bankruptcy Court to determine the pendant state claim asserted by plaintiff that the Sheriff's Sale of her property should be declared void pursuant to §§ 222.08 and 86.011, Fla.Stat. Section 222.08, Fla.Stat., gives the Florida circuit courts equity jurisdiction to order and decree the setting apart of homesteads....

...This Court therefore voids the levy and sale of plaintiff's exempt homestead property. [7] CONCLUSION Based on the foregoing, the Court finds that plaintiff is entitled to avoid the transfer of her exempt homestead property pursuant to § 522(h) and to set aside the levy and sale pursuant to §§ 222.08 and 86.011, Fla.Stat....

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Grant v. Credithrift of Am., Inc., 402 So. 2d 486 (Fla. 1st DCA 1981).

Cited 8 times | Published | Florida 1st District Court of Appeal

...aimed "remainder only shall be subject to sale." The trial court erred in concluding that Chapter 222 places the burden on the claimant to do something more to establish his homestead claim, such as seeking a circuit court judgment declaring through § 222.08 that the property is indeed homestead, or enjoining the sale under § 222.09....

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Monte De Oca v. State Farm Fire & Cas. Co., 897 So. 2d 471 (Fla. 3d DCA 2004).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2955008

benefit of the insurer. 16 Couch on Insurance 3d § 222:8 (2000)(emphasis added). Simply put, there is no

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Arch Ins. Co. v. Kubicki Draper, LLP (Fla. 2021).

Published | Supreme Court of Florida

payments to its insured.”); 16 Couch on Insurance § 222:8 (“When the insurer has made payment for the loss

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Cohen v. Coral Gables First Nat'l Bank, 266 So. 2d 188 (Fla. 3d DCA 1972).

Published | Florida 3rd District Court of Appeal | 1972 Fla. App. LEXIS 6287

under Fla.Const. Art. V, F.S.A.,1 and Fla.Stat. § 222.08, F.S.A., only the circuit courts of this State

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In Re Mayhugh, 427 B.R. 549 (Bankr. S.D. Fla. 2010).

Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 415, 2010 Bankr. LEXIS 1096

...See Florida Constitution, Art. X, Section 4; Suntrust Bank v. Papadopolous, 740 So.2d 594 (Fla. 3d DCA 1999). Moreover, Florida law provides for the state circuit court to determine whether property is eligible for the constitutional homestead protection, see Fla. Stat. § 222.08, if, as is the case here, entitlement to the homestead protection is contested by a creditor....

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