708.08
Married women’s rights; separate property.
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708.08 Married women’s rights; separate property.—
(1) Every married woman is empowered to take charge of and manage and control her separate property, to contract and to be contracted with, to sue and be sued, to sell, convey, transfer, mortgage, use, and pledge her real and personal property and to make, execute, and deliver instruments of every character without the joinder or consent of her husband in all respects as fully as if she were unmarried. Every married woman has and may exercise all rights and powers with respect to her separate property, income, and earnings and may enter into, obligate herself to perform, and enforce contracts or undertakings to the same extent and in like manner as if she were unmarried and without the joinder or consent of her husband. All conveyances, contracts, transfers, or mortgages of real property or any interest in it executed by a married woman without the joinder of her husband before or after the effective date of the State Constitution are as valid and effective as though the husband had joined.
(2) Any married woman who conveyed or mortgaged her separate real property without the joinder of her husband before the effective date of the State Constitution, and any person claiming by, through, or under her, shall have 2 years after June 2, 1983, to file a notice of lis pendens and to bring an action based on the nonjoinder of the husband contesting the validity of any such conveyance or mortgage; and, if the action is not brought and a notice of lis pendens is not filed within the time allowed, she, and any person claiming by, through, or under her, shall be forever barred from bringing an action to contest the validity of the conveyance or mortgage. This subsection shall not be construed to revive any action that has been barred.
History.—s. 1, ch. 21932, 1943; s. 2, ch. 70-4; s. 1, ch. 83-67.
Notes of Decisions
Cited in 31
cases (1 in the last 5 years), 1944–2025 · leading case: Sturiano v. Brooks
Sturiano v. Brooks (1988)
“[4] § 708.08, Fla. Stat. (1977). [5] Raisen v.”
Raisen v. Raisen (1979)
“[2] § 708.08, Fla. Stat. (1977) provides: (1) Every married woman is empowered to take charge of and manage and control her separate property, to contract and to be contracted with, to sue and be sued, to sell, convey, transfer, mortgage, use, and pledge her real and personal…”
Kochan v. American Fire and Casualty Company (1967)
“2d 514 , citing § 708.08, Fla. Stat., F.S.A. Here Iris exercised her "emancipation prerogative" and voluntarily entered into a contract to indemnify the bonding company.”
Connor v. SOUTHWEST FLA. REGIONAL MED. CTR. (1995)
“(1943); see § 708.08, Fla.Stat. (1993). Further, the responsibilities for alimony between husband and wife are now reciprocal.”
Corren v. Corren (1950)
“The circuit judge held the view that one spouse could not sue the other because, under the common law, they were one person and this fiction had not been changed either by Section 708.08 or 708.09, Florida Statutes, 1941, and F.”
Smith v. Martin (1966)
“01 * * * and Section 708.08, Florida Statutes [F.S.A.], but merely applied the existing law to the facts,” we have a diametrically opposite view because of the language in the decree: “The Court specifically passes upon and rej ects the attacks on the constitutionality of…”
Jette v. Harbison (1947)
“” Petitioner avers that the question presented is ruled by Chapter 21932, Acts of 1943, Section 708.08, Florida Statutes of 1941, the pertinent part of which' says in substance that every married woman may take charge of and contract as she sees fit with reference to her…”
Waite v. Waite (1992)
“In Florida, section 708.08(1), Florida Statutes (1989), originally passed in 1943, empowered a married woman to: [T]ake charge of and manage and control her separate property, to contract and to be contracted with, to sue and be sued, to sell, convey, transfer, mortgage, use,…”
Taylor v. Dorsey (1944)
“Is, then, a judgment against her valid in view of the provisions of Chapter 21932, Laws of Florida, Acts of 1943 (F.S.A. 708.08), or is that act invalid because in conflict with Section 2 of Article XI of the Constitution? The Constitution specifically provides that the separate…”
Posner v. Posner (1968)
“The public policy of Florida *422 concerning married women, and their contractual rights, is set forth in Fla. Stat. § 708.08 , F.S.A. Public policy permits a married woman to execute a valid contract concerning her rights to alimony or to waive the same in the event of a…”
Holland v. Holland (1981)
“See § 708.08, Florida Statutes (1979), providing for the right of married women to hold separate property.”
Judd v. Schooley (1963)
“Section 708.08, supra. We agree with the Virginia Supreme Court of Appeals when it held that there is no valid reason to prohibit *517 her from establishing a residence of her own even though she continues to live in a congenial marital relationship with her husband, who happens…”
— 708.08(1) — 2 cases
Waite v. Waite (1992)
“In Florida, section 708.08(1), Florida Statutes (1989), originally passed in 1943, empowered a married woman to: [T]ake charge of and manage and control her separate property, to contract and to be contracted with, to sue and be sued, to sell, convey, transfer, mortgage, use,…”
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