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FL S0512

Bill

Status

Passed

3/21/2018

Primary Sponsor

Rules

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Creates section 732.7025, Florida Statutes, establishing language for a spouse to waive homestead rights regarding devise restrictions under Article X, Section 4(c) of the State Constitution

  • Permits waiver through substantially similar language in a deed stating: "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 does not waive spousal protection against creditor claims during the owner's lifetime or after death

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

  • Effective July 1, 2018

Legislative Description

Homestead Waivers

Last Action

Chapter No. 2018-22

3/21/2018

Committee Referrals

Rules12/6/2017
Judiciary11/8/2017
Community Affairs10/26/2017

Full Bill Text

No bill text available