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FL H0421

Bill

Status

Introduced

10/24/2017

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Creates section 732.7025, Florida Statutes to establish procedures for waiving spousal homestead rights through deed language

  • 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."

  • 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

  • Clarifies that the waiver language does not waive restrictions against alienation by mortgage, sale, gift, or deed without the spouse's joinder

  • Takes effect July 1, 2018

Legislative Description

Homestead Waivers

Last Action

Laid on Table, refer to CS/SB 512

3/5/2018

Committee Referrals

Judiciary1/9/2018
Agriculture and Property Rights Subcommittee12/7/2017
Civil Justice and Claims Subcommittee11/1/2017

Full Bill Text

No bill text available