The threshold requirements for a claim of homestead status are twofold: intent to reside coupled with actual residence. In re Wiley , 570 B.R. 661, 668-69 (Bankr. N.D. Fla. 2016) ; In re Bennett 395 B.R. 781, 789 (Bankr. M.D. Fla. 2008) (quoting Hillsborough Inv. Co. v. Wilcox , 152 Fla. 889, 13 So.2d 448, 452 (1943) ).

Indeed, as Northern District of Florida Chief Bankruptcy Judge Karen Specie has stated, “[o]ne of the most difficult decisions bankruptcy judges face is whether to permit debtors to keep certain property they claim as homestead.” In re Wiley, 570 B.R. 661, 673 (N.D. Fla. 2016). Nonetheless, where the law has been faithfully applied and no factual findings are clearly erroneous, sympathy cannot dictate a contrary outcome; the Court must affirm.

Florida is an "opt out" state (meaning that Florida bankruptcy debtors may not avail themselves of the slate of federal exemptions listed in 11 U.S.C. § 522(d)); however, under § 522(a)(3), Florida bankruptcy debtors are entitled to the exemptions provided under Florida law. In re Wiley, 570 B.R. 661, 668 (Bankr. N.D. Fla. 2016) (citations omitted). Id. at 668; In re Lloyd, 394 B.R. 605, 610 (Bankr.