Florida Statute 689.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

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F.S. 689.11

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.

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Amendments to 689.11

Annotations, Discussions, Cases:

Cases Citing Statute 689.11

Total Results: 28

Reed v. Fain

145 So. 2d 858

Supreme Court of Florida | Filed: Oct 19, 1962 | Docket: 1286598

Cited 29 times | Published

Church v. Lee[2] that Section 5670 C.G.L. (F.S. Section 689.11, F.S.A.) is not applicable to "homestead real

Lowe v. Broward County

766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329491

Cited 25 times | Published

property as tenants by the entireties (Fla.Stat. § 689.11); the right to rehabilitative or permanent alimony

Jameson v. Jameson

387 So. 2d 351

Supreme Court of Florida | Filed: Jul 17, 1980 | Docket: 1355393

Cited 12 times | Published

Constitution, to require spouse joinder and declared section 689.11(1), Florida Statutes, unconstitutional to the

Chapman v. Chapman

526 So. 2d 131, 1988 WL 44485

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1679794

Cited 11 times | Published

case, see Robbins, 411 So.2d at 1025, nor can section 689.11, Florida Statutes (1987), modify the 1885 constitution

Liberman v. Kelso

354 So. 2d 137

District Court of Appeal of Florida | Filed: Jan 25, 1978 | Docket: 1279470

Cited 9 times | Published

appellants' lien prior to their divorce. See Section 689.11, Florida Statutes (1975); cf. Meyer v. Faust

STATE DEPT. OF COM., DIV. OF EMP. SECURITY v. Lowery

333 So. 2d 495

District Court of Appeal of Florida | Filed: Jun 23, 1976 | Docket: 1687231

Cited 6 times | Published

(1920). Defendants concede also that under Section 689.11, Florida Statutes, a conveyance by husband

Bendl v. Bendl

246 So. 2d 574

District Court of Appeal of Florida | Filed: Apr 13, 1971 | Docket: 1697627

Cited 6 times | Published

and proper to create an estate by the entirety. § 689.11(1), Fla. Stat., F.S.A. Charles, therefore, properly

Clemons v. Thornton

993 So. 2d 1054, 2008 Fla. App. LEXIS 3308, 2008 WL 624863

District Court of Appeal of Florida | Filed: Mar 10, 2008 | Docket: 64856320

Cited 5 times | Published

entireties). Like the provision on the books today, section 689.11, Florida Statutes (1993), allowed conveyances

Ware v. Hui-Chun Mi (In Re Ware)

99 B.R. 103, 1989 Bankr. LEXIS 659

United States Bankruptcy Court, M.D. Florida | Filed: May 1, 1989 | Docket: 1857805

Cited 5 times | Published

entireties interest subject to the lien. See, Fla.Stat. § 689.11, cf. Russell at 193. The Court distinguishes this

Little River Bank & Trust Company v. Eastman

105 So. 2d 912

District Court of Appeal of Florida | Filed: Oct 28, 1958 | Docket: 1540659

Cited 5 times | Published

right of survivorship in the appellee-wife. Section 689.11, Fla. Stat., F.S.A., provides for a conveyance

Robbins v. Robbins

360 So. 2d 10

District Court of Appeal of Florida | Filed: May 26, 1978 | Docket: 1475100

Cited 4 times | Published

Appellees/defendants argue that subsection 2 of Section 689.11, Florida Statutes (1977) validates the 1966

Moore v. Moore

237 So. 2d 217

District Court of Appeal of Florida | Filed: Mar 30, 1970 | Docket: 1368282

Cited 4 times | Published

the entireties between husband and wife. F.S. Section 689.11(1), F.S.A.,[1] permitting creation of estates

Estep v. Herring

18 So. 2d 683, 154 Fla. 653, 1944 Fla. LEXIS 783

Supreme Court of Florida | Filed: Jun 30, 1944 | Docket: 3269824

Cited 4 times | Published

described from the homestead and that under Section 689.11, Florida Statutes of 1941, it then constituted

Robbins v. Robbins

411 So. 2d 1024

District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 1327327

Cited 3 times | Published

addition, we reject appellees argument that section 689.11, Florida Statutes (1981) modifies the constitutional

Sigmund v. Elder

631 So. 2d 329, 1994 WL 23247

District Court of Appeal of Florida | Filed: Feb 1, 1994 | Docket: 1465031

Cited 2 times | Published

deed of 1962 is resurrected by operation of section 689.11, Florida Statutes, which provides, in pertinent

Williams v. Foerster

335 So. 2d 810

Supreme Court of Florida | Filed: Jul 21, 1976 | Docket: 1711279

Cited 2 times | Published

(Fla.App. 1st 1974), which declared part of Section 689.11(1), (2), Florida Statutes (1975), unconstitutional

Moorefield v. Byrne

140 So. 2d 876

District Court of Appeal of Florida | Filed: May 15, 1962 | Docket: 427405

Cited 2 times | Published

313; Thomas v. Craft, 55 Fla. 842, 46 So. 594. Section 689.11, Fla. Stat., F.S.A., permitting creation of

Foerster v. Foerster

300 So. 2d 33

District Court of Appeal of Florida | Filed: Jun 25, 1974 | Docket: 1729204

Cited 1 times | Published

in the execution of the deed by operation of Section 689.11(1) and (2), Florida Statutes, F.S.A., which

LOUMPOS v. RAYMOND JAMES & ASSOCIATES, INC., BANK ONE

District Court of Appeal of Florida | Filed: Aug 2, 2024 | Docket: 69009377

Published

when it wants to. Section 689.11, Florida Statutes (1971) is instructive. Section 689.11 abrogated the common

United States v. Morales

36 F. Supp. 3d 1276, 2014 WL 3866082

District Court, M.D. Florida | Filed: Jul 16, 2014 | Docket: 64296439

Published

spouses as joint holders of title. Fla. Stat. § 689.11(1). The Florida Constitution expressly permits

Bridgeview Bank Group v. Callaghan

84 So. 3d 1154, 2012 WL 1020044, 2012 Fla. App. LEXIS 4856

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60306608

Published

spouse without joinder by the other spouse. See § 689.11, Fla. Stat.; Hunt v. Covington, 145 Fla. 706,

Nordman v. McCormick

715 So. 2d 310, 1998 Fla. App. LEXIS 8538, 1998 WL 396738

District Court of Appeal of Florida | Filed: Jul 17, 1998 | Docket: 64782029

Published

Anna Louise. The trial court erred in invoking section 689.11, Florida .Statutes (1995) to validate the 1917

Nelson v. Boyer

412 So. 2d 31, 1982 Fla. App. LEXIS 19608

District Court of Appeal of Florida | Filed: Apr 2, 1982 | Docket: 64589039

Published

his wife. The deed was executed pursuant to section 689.11, Florida Statutes (1961), in an effort to create

Holt v. Boozel

394 So. 2d 226, 1981 Fla. App. LEXIS 18811

District Court of Appeal of Florida | Filed: Feb 25, 1981 | Docket: 64580487

Published

the husband’s judgment creditor pursuant to section 689.-11, Florida Statutes. The Second District Court

Stottlemyer v. Stottlemyer

386 So. 2d 858, 1980 Fla. App. LEXIS 16960

District Court of Appeal of Florida | Filed: Aug 13, 1980 | Docket: 64577658

Published

homestead property. Thus, the provision of Section 689.11(1), Florida Statutes (1977), to the contrary

Jameson v. Jameson

369 So. 2d 436, 1979 Fla. App. LEXIS 14716

District Court of Appeal of Florida | Filed: Apr 10, 1979 | Docket: 64569480

Published

property. However, the Legislature enacted Section 689.11(1), Florida Statutes (1971), which provided

Vazquez v. Santisteban

334 So. 2d 97, 1976 Fla. App. LEXIS 14569

District Court of Appeal of Florida | Filed: May 25, 1976 | Docket: 64554224

Published

sufficient and we reverse the order appealed. Section 689.11 of the Florida Statutes authorizes a direct

Snow v. Mathews

190 So. 2d 50, 1966 Fla. App. LEXIS 4863

District Court of Appeal of Florida | Filed: Sep 21, 1966 | Docket: 64498064

Published

the common law rule in the adoption of F.S.A. § 689.11 by permitting direct conveyances between husband