Florida Statute 65.071 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 65
QUIETING TITLE

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F.S. 65.071

¹65.071 Quieting title; deeds without joinder of wife when separated for 30 years.—An action in chancery may be brought to quiet title to land to preclude any wife from claiming dower or any heirs from claiming any interest to land when the following facts exist:

(1) When any husband and wife have not cohabited as husband and wife for 30 years or more and during this time the husband has conveyed land as a single man and the land has come into the hands of purchasers for a valuable consideration without notice that the husband was married at the time he conveyed the land, and the purchasers have relied on the acknowledgment to deeds by the husband that he was a single man, and it afterwards became known that he was a married man at the time he deeded the land and his marriage has never been dissolved and he refuses to voluntarily get a dissolution of marriage to clear the title to preclude his wife from claiming any inchoate dower therein and his heirs from claiming any interest therein and when the wife has never lived in the county where the land is located with the husband as his wife and has never asserted any inchoate right to dower in the land, the inchoate right to dower is divested and is a cloud on the title to the land and the purchaser of the land has the right to remove the cloud and to prevent the wife or heirs from claiming any dower or other interest from such purchasers and their successors in title.

(2) When these facts are proven, the court shall adjudge that the wife and heirs of the husband are forever barred and perpetually enjoined from claiming any interest in the land arising out of dower or otherwise, and that the wife did not join in the execution of the deeds by which the husband deeded the land as a single man under the facts above-stated is not effective to reserve an inchoate right of dower in the land held by such purchasers.

History.—ss. 1, 2, ch. 19116, 1939; CGL 5011(1), (2); s. 2, ch. 29737, 1955; s. 20, ch. 67-254; s. 1, ch. 73-300.

¹Note.—Chapter 73-107 abolished the right of dower in property transferred prior to death. See also s. 732.111.

Note.—Former s. 66.25.

F.S. 65.071 on Google Scholar

F.S. 65.071 on Casetext

Amendments to 65.071

Arrestable Offenses / Crimes under Fla. Stat. 65.071

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 65.071.

Annotations, Discussions, Cases:

Cases Citing Statute 65.071

Total Results: 15

Diaz v. Calvo

Court: District Court of Appeal of Florida | Date Filed: 2018-07-05

Citation: 251 So. 3d 260

Snippet: 2 “$106,410.65 (71,500 euros)” in liquidated damages before trebling

Kearney v. Kearney

Court: District Court of Appeal of Florida | Date Filed: 2013-11-12

Citation: 129 So. 3d 381, 2013 Fla. App. LEXIS 17962, 2013 WL 5988607

Snippet: supplied). See also Zurstrassen v. Stonier, 786 So.2d 65, 71 (Fla. 4th DCA 2001) (“Ratification occurs where

Rabie Cortez v. Palace Holdings, S.A. De C.V.

Court: District Court of Appeal of Florida | Date Filed: 2011-06-22

Citation: 66 So. 3d 959, 2011 Fla. App. LEXIS 9606, 2011 WL 2499428

Snippet: country); Iragorri v. United Techs. Corp., 274 F.3d 65, 71-72 (2d Cir.2001) (en banc) (concluding that when

Amquip Crane Rental, LLC v. Vercon Construction Management, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-05-04

Citation: 60 So. 3d 536, 2011 Fla. App. LEXIS 6349

Snippet: Hollywood, Inc. v. City of Hollywood, 321 So.2d 65, 71 (Fla.1975); Fox v. City of Pompano Beach, 984 So

Leslie v. Carnival Corp.

Court: District Court of Appeal of Florida | Date Filed: 2009-11-25

Citation: 22 So. 3d 567, 2010 A.M.C. 263, 2009 Fla. App. LEXIS 17708

Snippet: Hollywood, Inc. v. City of Hollywood, 321 So.2d 65, 71 (Fla.1975); see also Hansard Constr. Corp. v. Rite

O'Neal v. Fla. a & M University Ex Rel. Bd. of Trustees

Court: District Court of Appeal of Florida | Date Filed: 2008-06-05

Citation: 989 So. 2d 6, 2008 WL 2276307

Snippet: Hollywood, Inc. v. City of Hollywood, 321 So.2d 65, 71 (Fla. 1975). Because Ms. O'Neal sought back pay

Bakos v. Bakos

Court: District Court of Appeal of Florida | Date Filed: 2007-03-16

Citation: 950 So. 2d 1257, 2007 WL 777449

Snippet: So.2d at 886; Zurstrassen v. Stonier, 786 So.2d 65, 71 (Fla. 4th DCA 2001) (noting that the issue of ratification

Florida Board of Bar Examiners re M.B.S.

Court: Supreme Court of Florida | Date Filed: 2007-02-01

Citation: 955 So. 2d 504, 32 Fla. L. Weekly Supp. 73, 2007 Fla. LEXIS 131, 2007 WL 268776

Snippet: Jersey who now works moving furniture in Florida. (T 65, 71) Mr. Garrón did not stop practicing law in New

McArthur v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-09-21

Citation: 793 So. 2d 1190, 2001 WL 1103279

Snippet: 2d 680 (Kan.1993); Gribble v. State, 808 S.W.2d 65, 71 (Tex.Crim.App.1990); People v. Allen, 390 Mich

Christiania Holding, Inc. v. Koalick

Court: District Court of Appeal of Florida | Date Filed: 1997-06-11

Citation: 695 So. 2d 491, 1997 Fla. App. LEXIS 6281, 1997 WL 311567

Snippet: Hollywood, Inc. v. City of Hollywood, 321 So.2d 65, 71 (Fla.1975). In this case, petitioners’ action for

Velazquez v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-01-06

Citation: 648 So. 2d 302, 1995 WL 3017

Snippet: Ill. App.3d 563, 64 Ill.Dec. 136, 142, 439 N.E.2d 65, 71 (1982); Parker v. State, 61 Md. App. 35, 484 A

Brummer v. State, Unemployment Appeals Commission

Court: District Court of Appeal of Florida | Date Filed: 1985-04-30

Citation: 467 So. 2d 1091, 10 Fla. L. Weekly 1087, 1985 Fla. App. LEXIS 13741

Snippet: Relations Board v. Gullett Gin Co., 340 U.S. 361, 364-65, 71 S.Ct. 337, 339-40, 95 L.Ed. 337, 342 (1951) is

KING MOUNTAIN CONDOMINIUM ASS'N, INC. v. Gundlach

Court: District Court of Appeal of Florida | Date Filed: 1982-12-15

Citation: 425 So. 2d 569, 1982 Fla. App. LEXIS 22267

Snippet: Hollywood, Inc. v. City of Hollywood, 321 So.2d 65, 71 (Fla. 1975), it is also certain that the right

Dornau v. State

Court: District Court of Appeal of Florida | Date Filed: 1974-01-23

Citation: 306 So. 2d 167

Snippet: principles involved may be found. [8] Id. 347 U.S. at 65, 71 S.Ct. at 356, 98 L.Ed. at 507. [9] As adopted

Donofrio v. Biscayne Federal Savings & Loan Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1965-04-13

Citation: 173 So. 2d 529, 1965 Fla. App. LEXIS 4798

Snippet: PER CURIAM. Appeals dismissed.