Buying in Brickell when only one spouse is a Florida resident

Renderings courtesy of the developer · subject to change. Source: Haute Residence landing page /st-regis-brickell/. Local featured file: hres-buying-brickell-one-florida-resident-homestead-body-01.jpg.

A Brickell condo can be a Florida homestead only if permanent-residence and title rules are met as of January 1. Couples with one Florida resident must confirm who resides on the property and how title is held. Amendment 3’s December 31, 2026 residency test affects the increased-exemption path. Consult the Miami-Dade Property Appraiser and a qualified advisor.

Brickell buyers who intend the residence as home—not a pure second home—usually ask two questions at once: can we claim Florida’s homestead exemption, and how does Amendment 3’s December 31, 2026 residency timing change the larger exemption path? Statewide homestead mechanics stay in the Homestead Exemption and Save Our Homes guide. This note is the Brickell couple situation only.

What Florida statute and Miami-Dade require (as of the sources checked)

Florida Statutes §196.031 states that a person who, on January 1, holds legal or beneficial title and in good faith makes the property his or her permanent residence (or the permanent residence of another legally or naturally dependent upon the owner) is entitled to the homestead exemption described in that section. Title may be held by the entireties, jointly or in common; the statute also addresses how the exemption is apportioned when more than one owner is on title, including when only one owner of a tenancy by the entireties or joint tenancy with right of survivorship resides on the property. Before an exemption may be granted, the deed or instrument must be recorded in the county where the property sits.

The Miami-Dade Property Appraiser homestead page (checked November 9, 2026) lists application requirements that include legal or equitable title as of January 1 and permanent residence as of January 1, with examples of residency evidence such as a valid Florida driver’s license or ID, Florida vehicle registration, Florida voter registration, prior-year IRS return or current W-2, bank statements registered at the property, proof of utility payments, or a recorded Declaration of Domicile. The office states that applications and required documentation must be submitted by March 1 (with a late-application path described on that page). The owner (or others legally or naturally dependent upon such person) must be a U.S. citizen or permanent U.S. resident and a Florida resident as of January 1, per that page. Homestead is not available for property that is rented or is not the owner’s permanent residence.

None of the above is tax, title or immigration advice. How one spouse’s Florida residency interacts with joint title, dependency and Amendment 3’s path is fact-specific—consult an advisor and the Property Appraiser before you rely on any exemption amount.

What Amendment 3’s official ballot text says about December 31, 2026

The Florida Division of Elections English ballot text for No. 3 Constitutional Amendment (Article VII, Sections 4, 6 and 9, and Article XII) states that the amendment increases the homestead exemption for all non-school taxes to $150,000 in 2027 and $250,000 in 2028, adjusting for inflation thereafter, and that it takes effect January 1, 2027. The ballot summary also states:

Persons who are not Florida residents on December 31, 2026, will receive the existing homestead exemption upon qualifying for a homestead exemption, with the increased homestead exemption beginning with the fifth year of exemption, to the extent permitted by the U.S. Constitution.

That December 31, 2026 residency test is therefore an official ballot timing rule for the increased exemption path—not a guarantee that every Brickell purchase qualifies for homestead, and not a substitute for January 1 permanent-residence proof under §196.031 and county practice. Full situation framing remains on Haute Residence’s Amendment 3 residency article.

Brickell towers to review as a primary home (not a tax ranking)

Use Haute Residence building cards for program facts; confirm residence-specific documents before you buy.

• The St. Regis Residences, Miami — Brickell: Haute Residence cards a 50-story, 152-residence Related Group / Integra Investments tower with architecture by Robert A.M. Stern Architects and interiors by Rockwell Group, framed with delivery in 2027 and pricing from $5M on the card.
• Cipriani Residences Miami: 85-story Arquitectonica tower at 1420 South Miami Avenue; 397 residences; delivery framed as 2027 (est.); under construction and topped out per the card.
• The Residences at 1428 Brickell: 70-story, 189-residence Arquitectonica / ACPV / YTECH tower; delivery framed as 4th Quarter 2028.
• 619 Brickell: Haute Residence cards 296 residences and delivery framed as 2031 on the building page.

A homestead intent does not change offering documents, association rules or hotel-program terms. Request current pricing, availability and condominium documents for the specific residence.

What to verify before you rely on homestead

• Who will make the Brickell unit their permanent residence as of January 1, and what evidence you can show the Property Appraiser.
• How title will be held (entireties, joint with right of survivorship, tenants in common, trust or entity) and how §196.031 apportions the exemption among owners.
• Whether Amendment 3’s December 31, 2026 Florida-residency test places either spouse on the existing-exemption / fifth-year path for the increased amounts.
• That the unit will not be rented in a way that conflicts with homestead rules the Property Appraiser publishes.
• Residence-level association documents, insurance and closing diligence for the chosen Brickell tower.

Sources

• Fla. Stat. §196.031 (2025), Exemption of homesteads — https://www.flsenate.gov/Laws/Statutes/2025/196.031
• Miami-Dade Property Appraiser, Homestead Exemption page (checked Nov. 9, 2026) — https://www.miamidadepa.gov/pa/exemption/homestead.page
• Florida Division of Elections, No. 3 Constitutional Amendment English ballot PDF — https://flelectionfiles.floridados.gov/enightfilespublic/20261103_Amendment_03_english.pdf
• Haute Residence: Amendment 3 residency article; Homestead / Save Our Homes guide; Brickell hub; St. Regis Brickell; Cipriani Residences Miami; 1428 Brickell; 619 Brickell

Frequently asked questions

Can a couple claim Florida homestead if only one spouse is a Florida resident?

It depends on permanent residence, title form and January 1 timing under Fla. Stat. §196.031 and Miami-Dade Property Appraiser practice. This article is not legal or tax advice—consult the Property Appraiser and a qualified advisor.

What does Amendment 3 say about December 31, 2026?

The official Division of Elections ballot summary states that persons who are not Florida residents on December 31, 2026 receive the existing homestead exemption upon qualifying, with the increased exemption beginning in the fifth year of exemption, to the extent permitted by the U.S. Constitution.

When does Amendment 3 take effect?

The official ballot text states that the amendment takes effect January 1, 2027.

What January 1 facts does Miami-Dade emphasize?

The Property Appraiser’s homestead page requires legal or equitable title as of January 1 and permanent residence as of January 1, and lists examples of residency evidence. Applications are due by March 1 on that page.

Does buying in Brickell automatically qualify for homestead?

No. Homestead follows residence and title rules, not the neighborhood name. Confirm eligibility with the Property Appraiser before you assume any exemption.

Which Brickell towers does this article point to?

Haute Residence building cards for The St. Regis Residences, Miami — Brickell; Cipriani Residences Miami; The Residences at 1428 Brickell; and 619 Brickell—as primary-home inventory to review, not as a tax ranking.

Where should readers go for statewide homestead mechanics?

The Homestead Exemption and Save Our Homes guide, plus the Amendment 3 December 31, 2026 residency article on Haute Residence.

Is this tax or legal advice?

No. Homestead, title and Amendment 3 outcomes are fact-specific. Consult an advisor and the Miami-Dade Property Appraiser.