Florida Statutes
Fla. Stat. § 689.11 (2025)
Conveyances between husband and wife direct; homestead.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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689.11 Conveyances between husband and wife direct; homestead.—
(1) A conveyance of real estate, including homestead, made by one spouse to the other shall convey the legal title to the grantee spouse in all cases in which it would be effectual if the parties were not married, and the grantee need not execute the conveyance. An estate by the entirety may be created by the action of the spouse holding title:
(a) Conveying to the other by a deed in which the purpose to create the estate is stated; or
(b) Conveying to both spouses.
(2) All deeds heretofore made by a husband direct to his wife or by a wife direct to her husband are hereby validated and made as effectual to convey the title as they would have been were the parties not married;
(3) Provided, that nothing herein shall be construed as validating any deed made for the purpose, or that operates to defraud any creditor or to avoid payment of any legal debt or claim; and
(4) Provided further that this section shall not apply to any conveyance heretofore made, the validity of which shall be contested by suit commenced within 1 year of the effective date of this law.
History.—s. 1, ch. 5147, 1903; GS 2457; RGS 3797; CGL 5670; s. 6, ch. 20954, 1941; s. 1, ch. 23964, 1947; s. 1, ch. 71-54.
Notes of Decisions
Cited in 29
cases (1 in the last 5 years), 1944–2024 · leading case: Jameson v. Jameson, 387 So. 2d 351 (Fla. 1980).
Jameson v. Jameson, 387 So. 2d 351 (Fla. 1980). “Our construction and interpretation of the constitutional provision is in complete harmony with section 689.11, Florida Statutes. The legislature in its interpretation of the constitutional provision obviously believed that joinder is not constitutionally required in…”
Lowe v. Broward Cnty., 766 So. 2d 1199 (Fla. 4th DCA 2000). “075); the right to hold property as tenants by the entireties (Fla.Stat. § 689.11); the right to rehabilitative or permanent alimony in a proceeding for the dissolution of marriage (Fla.”
Williams v. Foerster, 335 So. 2d 810 (Fla. 1976). “We agree with the appellant that the District Court erred in holding Section 689.11, Florida Statutes, unconstitutional.”
Robbins v. Robbins, 360 So. 2d 10 (Fla. 2d DCA 1978). “That statute by its terms validates prior deeds made between husband and wife which would otherwise have been effective except for the fact that the parties were married. We do not agree. First, the deed here in question was void ab initio because the attempted conveyance was in…”
Chapman v. Chapman, 526 So. 2d 131 (Fla. 3d DCA 1988). “2d at 1025 , nor can section 689.11, Florida Statutes (1987), modify the 1885 constitution.”
Liberman v. Kelso, 354 So. 2d 137 (Fla. 2d DCA 1978). “See Section 689.11, Florida Statutes (1975); cf.”
Jameson v. Jameson, 369 So. 2d 436 (Fla. 3d DCA 1979). “However, the Legislature enacted Section 689.11(1), Florida Statutes (1971), which provided as follows: “A conveyance of real estate, including homestead, made by one spouse to the other shall convey the legal title to the grantee spouse in all cases in which it would be…”
Clemons v. Thornton, 993 So. 2d 1054 (Fla. 1st DCA 2008). “Like the provision on the books today, section 689.11, Florida Statutes (1993), allowed conveyances of real property, including homestead property, between spouses, and did not require the grantee spouse to join in such conveyances.”
Sigmund v. Elder, 631 So. 2d 329 (Fla. 1st DCA 1994). “Finally, we must reject appellants' argument that the void deed of 1962 is resurrected by operation of section 689.11, Florida Statutes, which provides, in pertinent part, that an estate by the entirety may be created by the conveyance of the spouse holding title to both spouses.”
Ware v. Hui-Chun Mi (In Re Ware), 99 B.R. 103 (Bankr. M.D. Fla. 1989). “See, Fla.Stat. § 689.11, cf. Russell at 193 . The Court distinguishes this case from Bendl v.”
Reed v. Fain, 145 So. 2d 858 (Fla. 1962). “Section 689.11, F.S.A.) is not applicable to "homestead real estate".”
Bridgeview Bank Grp. v. Callaghan, 84 So. 3d 1154 (Fla. 4th DCA 2012). “Bridgeview tries to use the ineffective quit-claim deed of 2008 to infer that Daniel did not intend to create a tenancy by the entireties in 2004 when they obtained title, because Daniel executed the deed without Milea joining in the execution. However, and contrary to the…”
— 689.11(1) — 7 cases
Jameson v. Jameson, 387 So. 2d 351 (Fla. 1980). “Our construction and interpretation of the constitutional provision is in complete harmony with section 689.11, Florida Statutes. The legislature in its interpretation of the constitutional provision obviously believed that joinder is not constitutionally required in…”
Williams v. Foerster, 335 So. 2d 810 (Fla. 1976). “We agree with the appellant that the District Court erred in holding Section 689.11, Florida Statutes, unconstitutional.”
Jameson v. Jameson, 369 So. 2d 436 (Fla. 3d DCA 1979). “However, the Legislature enacted Section 689.11(1), Florida Statutes (1971), which provided as follows: “A conveyance of real estate, including homestead, made by one spouse to the other shall convey the legal title to the grantee spouse in all cases in which it would be…”
Bendl v. Bendl, 246 So. 2d 574 (Fla. 3d DCA 1971).
Moore v. Moore, 237 So. 2d 217 (Fla. 4th DCA 1970).
— 689.11(1)(b) — 1 case
Loumpos v. Raymond James & Assocs., Inc., Bank One (Fla. 2d DCA 2024).
— 689.11(2) — 1 case
Robbins v. Robbins, 360 So. 2d 10 (Fla. 2d DCA 1978). “That statute by its terms validates prior deeds made between husband and wife which would otherwise have been effective except for the fact that the parties were married. We do not agree. First, the deed here in question was void ab initio because the attempted conveyance was in…”
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