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FL H0421
Bill
Status
10/24/2017
Primary Sponsor
Judiciary Committee
Click for details
AI Summary
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Creates section 732.7025, Florida Statutes to establish procedures for waiving spousal homestead rights through deed language
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Allows a spouse to waive devise restriction rights under Article X, Section 4(c) of the Florida Constitution by including specified language in a deed: "By executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me."
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Specifies that the waiver language applies only to devise restrictions and does not waive protection against creditor claims during the owner's lifetime and after death
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Clarifies that the waiver language does not waive restrictions against alienation by mortgage, sale, gift, or deed without the spouse's joinder
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Takes effect July 1, 2018
Legislative Description
Homestead Waivers
Last Action
Laid on Table, refer to CS/SB 512
3/5/2018