Homestead Act For Homeowners In Michigan

State:
Multi-State
Control #:
US-0032LTR
Format:
Word; 
Rich Text
Instant download

Description

Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.

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FAQ

What determines principal residence? The test the Michigan Department of Treasury uses to determine principal residence includes such things as where you are registered to vote, the address on your driver's license, where your children attend school, and the address from which you file your income tax returns.

You must live in the home to qualify for the tax break. Some states exempt a certain percentage of a home's value from property taxes, while other states exempt a set dollar amount. If your state uses a percentage method, the exemption will be more valuable to homeowners with more valuable homes.

To claim a PRE, the property owner must submit a Principal Residence Exemption (PRE) Affidavit, Form 2368, to the assessor for the city or township in which the property is located.

In Michigan, the homestead exemption is available to anyone who owns and occupies a residential property as their primary residence. The property must be located on 40 acres or less of land, and you must have lived in the property for at least 730 days prior to filing for bankruptcy.

Michigan law defines principal residence as the one place where a person has his or her true, fixed, and permanent home to which, whenever absent he or she intends to return and that shall continue as a principal residence until another principal residence is established.

Under U.S. tax law, a home qualifies as your principal residence only if it follows the 2-out-of-5-year rule. This rule states that someone must live in a home for a total of 2 years (or 730 days) out of a 5-year period.

The address listed on your: U.S. Postal Service address, Voter Registration Card, Federal and state tax returns, and. Driver's license or car registration.

Public Act 74 of 1995 provides for an exemption to be filed by mail or in person at the July or December Board of Review for the year of the claim, or the following year's July or December Board of Review. To petition the Board of Review you must submit a signed Affidavit for Homestead Exemption (form 2368).

(c) "Homestead" means a dwelling or a unit in a multiple-unit dwelling, owned and occupied as a home by the owner thereof, including all contiguous unoccupied real property owned by the person. Homestead includes a dwelling and an outbuilding used in connection with a dwelling, situated on the lands of another.

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Homestead Act For Homeowners In Michigan