Non Homestead Affidavit Template for the United States

A Non-Homestead Affidavit is a sworn document that lets an owner formally declare a parcel of real estate as non-homestead property, meaning it isn't claimed for homestead protection. Because a homestead is generally exempt from forced sale by most creditors, parties on the other side of a deal often need written confirmation that a specific property doesn't carry that exemption. This declaration protects the owner, the lender, and other parties by making the property's status clear before money changes hands.

What is the difference between homestead and non-homestead property?

The distinction drives whether homestead protections apply, so it helps to see the two side by side.

When do you need this document?

You typically need a Non-Homestead Affidavit when selling investment property, transferring commercial real estate, or when a lender wants written confirmation that a parcel isn't the owner's primary residence. Banks and mortgage companies request it to understand their collateral position and any homestead exemption that could affect a foreclosure. The form is also used in divorce proceedings that divide non-residential assets, in bankruptcy cases where exemptions must be established, and when moving a parcel into a business entity or trust. If you're documenting a related deal, a lease agreement often accompanies affidavits on rental parcels, and an asset purchase agreement may reference the affidavit where real estate is part of a larger sale.

How does a Non-Homestead Affidavit fit a Texas or Florida transaction?

Texas and Florida both have strong homestead protections written into their constitutions, so title companies and lenders in those states frequently ask for a non-homestead statement on any parcel that isn't a primary residence. In Florida, the phrasing is sometimes included as non-homestead language inside the deed itself rather than as a separate affidavit. In Texas, a stand-alone form is common, and the designated homestead is treated as exempt from forced sale, which is exactly why counterparties want confirmation when a parcel is nonhomestead. The exact wording and recording office vary by county, so the form should match where the property sits.

How does a property become a designated homestead?

A property becomes a homestead when the owner occupies it as their primary residence and, in some states, files a designation with the county. Once a property carries homestead status, it is protected from forced sale by most creditors up to the state's limit. A Non-Homestead Affidavit does the opposite job: it puts on record that the owner does not claim a specific parcel as a designated homestead, so no forced-sale exemption attaches to it. That matters for property that is rented out, held for investment, or owned in addition to the owner's actual home.

Key points to get right

The most important part of this form is the accuracy of the property description and the status declaration. Provide the complete legal description, including parcel numbers and the official address, because an error can invalidate the document. Timing matters: once you sign, you are legally bound by the statement, and false statements can carry perjury exposure. Think through the effect on any homestead exemption before signing, since declaring a parcel non-homestead when you actually occupy it as your primary residence could remove protection you rely on. The affidavit must be notarized to be valid, and it creates a public record of the declaration.

How do you record the affidavit?

Recording follows state and county rules. In most jurisdictions the signed, notarized form is filed with the county clerk or recorder's office so it becomes part of the property's public record. Some counties set specific formatting rules for margins, page size, and cover sheets, and some states require additional documents alongside the filing. Federal rules such as the Fair Housing Act and the Truth in Lending Act can apply where the declaration relates to a housing sale or a loan secured by the property. Confirming the local recorder's format requirements before filing avoids a rejected submission.