Florida Appellate Court Finds Deed Constitutes Waiver of Spousal Homestead Rights

The Appellate Court of Florida recently determined that even though a deed of homestead property contains no waiver language, a Florida spouse’s signature on said deed constituted a waiver of her homestead rights. This decision is based on the deed language that the spouse “grants, bargains, aliens, remises, releases, conveys, and confirms” the property “together with all tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining”.

This is in accordance with Fla.Stats. Section 732.702(1), which provides that a waiver of “‘all rights,’ or equivalent language” may constitute a waiver of a spouse’s intestate rights in their spouse’s homestead.

The Appellate Court’s affirmation of the waiver of spousal homestead rights validates the devise of the homestead to a trust for the spouse, thus denying the petition of the spouse’s son against said devise.

See Stone v. Stone, Florida 4th DCA, Case No. 4D11-4541, (Nov. 12, 2014)

Posted by Elizabeth Cheung, Associate Editor, Wealth Strategies Journal.

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