Drivers License & Insurance Questions, etc... (Port Charlotte, Homestead: vehicle registration, credit, attorney)

[chiisai]

We just bought a place in the Port Charlotte area. We are currently living in MA. I will be attmpting to make FL my primary residence, while my hubby stays in Ma. (Cheaper taxes on FL home if I homestead, I'll be in FL for 6 mo.)

My son is 15 and I would like him to get started on getting his learning licence. I have already signed him up for the 4 hr online drug and alcohol program.

HERE ARE THE QUESTIONS:

Can he register and insure a car in his name, or is he only allowed to drive under his parents insurance and registration???

Once he gets his learners licence, will he be able to drive out of state, with adult supervision??

ALSO IF SOMEONE KNOWS:
I have my home in MA under Homestead protection (Different than FL Homestead ACT), in both my hubby's name and mine,............. If I establish my residency in FL, will my home in MA still be protected???

[Lilybeans]

I can tell you that if you are claiming homestead in another state, you won't get it in Florida.

[chiisai]

Homestead in MA is NOT a tax protection, like it is in FL. It IS a property protection, from bankrupcy.

So I was wondering if; since my hubby is in MA and using the "property protection" of MA homestead law (he's the primary resident of MA), AND I was in FL using the "Homestead TAX ACT" of FL as a primary resident of FL.............. Is this allowed???

In MA this is the reading of the LAW:
If I divide my time equally between my winter and summer residences, can I declare a Homestead on both?

No. A Homestead can be declared only on an applicant’s “principal residence”. A person can have more than one residence but the statute only allows the protection on one’s legal domicile. There is no legislative intent to allow the exemption to apply to a vacation and not primary residence. For example, one spouse cannot declare a Homestead exemption on one residence while the other spouse declares the exemption on the other residence, unless each can prove that the residence is their “principal residence”.

So as I read this, my thought is that as long as my hubby maintains MA as his primary residence, then our home in MA is still protected.

[SoFLGal]

Originally Posted by chiisai

We just bought a place in the Port Charlotte area. We are currently living in MA. I will be attmpting to make FL my primary residence, while my hubby stays in Ma. (Cheaper taxes on FL home if I homestead, I'll be in FL for 6 mo.)

My son is 15 and I would like him to get started on getting his learning licence. I have already signed him up for the 4 hr online drug and alcohol program.

HERE ARE THE QUESTIONS:

Can he register and insure a car in his name, or is he only allowed to drive under his parents insurance and registration???

Once he gets his learners licence, will he be able to drive out of state, with adult supervision??

ALSO IF SOMEONE KNOWS:
I have my home in MA under Homestead protection (Different than FL Homestead ACT), in both my hubby's name and mine,............. If I establish my residency in FL, will my home in MA still be protected???

It is my understanding that he would have to be under your insurance until he turns 18.

I believe that as long as you're complying with your home state's rules for a permit, the permit is good in every other state. A learner's license requires that a licensed driver 21 years or older ride in the front passenger seat. In addition, they can only drive during daylight hours during the first three months and until 10 p.m. thereafter. I would check with the DMV though for clarification.

As of January 1 of the year for which you are filing: - You must be a permanent resident of Florida; - You must own and occupy the property as your permanent residence; - You must hold title or beneficial interest to the property. So, I don't know how they qualify you in MA but I can tell you how it works in FL. These are the documents you can use to declare residency:
Proof of Florida residency
All owners who occupy the property are asked to show evidence of Florida residency as of January 1. The items most often presented are a Florida driver's license and a Florida voter's card.
In addition, one or more of the following items may be requested:
• Florida vehicle registration
• Declaration of Domicile dated prior to January 1
• Previous year's income tax return filed from a Florida address
• Registration from your child's school
• Previous filing of a Florida Intangible Tax return
• Professional license issued by state of Florida, i.e., doctor, teacher, attorney, etc.
• Employer's statement
• Proof of your marital status
• Previous year's filing for another property in Florida

My guess on your above question would be no. Becasue you can't declare residency in two states. Maybe you should try posting this in the MA section. They might know a bit more about the laws in that state.

[Lilybeans]

Originally Posted by chiisai

Homestead in MA is NOT a tax protection, like it is in FL. It IS a property protection, from bankrupcy.

So I was wondering if; since my hubby is in MA and using the "property protection" of MA homestead law (he's the primary resident of MA), AND I was in FL using the "Homestead TAX ACT" of FL as a primary resident of FL.............. Is this allowed???

In MA this is the reading of the LAW:
If I divide my time equally between my winter and summer residences, can I declare a Homestead on both?

No. A Homestead can be declared only on an applicant’s “principal residence”. A person can have more than one residence but the statute only allows the protection on one’s legal domicile. There is no legislative intent to allow the exemption to apply to a vacation and not primary residence. For example, one spouse cannot declare a Homestead exemption on one residence while the other spouse declares the exemption on the other residence, unless each can prove that the residence is their “principal residence”.

So as I read this, my thought is that as long as my hubby maintains MA as his primary residence, then our home in MA is still protected.

Homestead in Florida has several meanings, including the tax break if it is truly your primary home, and it also provides protection from creditors.

The tax collectors have always examined this closely, because of the good chance that people will try to commit some fraud. They are even more vigilant now, because of the state budget issues. What you are trying to do is not allowed.

[Mrs. P]

Personally ? I don't know of an insurance company that would touch anyone under 18 for their own policy. When my husband died, my son inherited his car. It was an extremely expensive car and very fast. The car was in my son's name, not mine, however we could not find anyone to insure it until he turned 18, 6 months after he inheirted it. It sat in storage.

My insurance man did tell me, I could have the title changed to my name and put the car on my insurance. But because of the car, and having a 17 year old, I decided that was not in anyone's best interest.