The Florida Supreme Court held in Havaco that the transfer of nonexempt assets into an exempt homestead with the intent to hinder, delay, or defraud creditor is not on of the three exceptions to the homestead exemption provided for in article X, section 4 of the Florida Constitution.

But the courts hold that "equitable liens" may be imposed in limited circumstances where a debtor fraudulently procures funds to invest in, purchase, or improve a homestead. Cases have imposed an equitable lien where a residence is obtained with a fraudulent mortgage or improved with embezzled funds.