The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 708
MARRIED WOMEN'S PROPERTY

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F.S. 708.08

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.

F.S. 708.08 on Google Scholar

F.S. 708.08 on Casetext

Amendments to 708.08

Arrestable Offenses / Crimes under Fla. Stat. 708.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 708.08.

Annotations, Discussions, Cases:

Cases from cite.case.law:

E. CONNOR, v. SOUTHWEST FLORIDA REGIONAL MEDICAL CENTER, INC., 668 So. 2d 175 (Fla. 1995)

. . . Ch. 21977, Laws of Fla. (1943); see § 708.08, Fla.Stat. (1993). . . .

SILMAN CUSTOM PAINTING, INC. L. v. AETNA LIFE CASUALTY CO. SILMAN CUSTOM PAINTING, INC. L. v. AETNA LIFE CASUALTY CO., 990 F.2d 1063 (8th Cir. 1993)

. . . In its Motion for Credit on Judgment, Aetna states it paid $44,-708.08. App. at 35. . . .

UNITED STATES v. ONE PARCEL OF REAL ESTATE AT S. W. STREET, MIAMI FLORIDA,, 768 F. Supp. 340 (S.D. Fla. 1991)

. . . See also § 708.08, Florida Statutes (1979), providing for the right of married women to hold separate . . .

WAITE, v. WAITE,, 593 So. 2d 222 (Fla. Dist. Ct. App. 1991)

. . . In Florida, section 708.08(1), Florida Statutes (1989), originally passed in 1943, empowered a married . . .

STURIANO, v. BROOKS, Ad, 523 So. 2d 1126 (Fla. 1988)

. . . . § 708.08, Fla.Stat. (1977). . Raisen v. . . .

J. LEE, v. R. LEE,, 438 So. 2d 514 (Fla. Dist. Ct. App. 1983)

. . . individually and fails to recognize that under Article X, section 5 of the Florida Constitution, section 708.08 . . .

HOLLAND, v. HOLLAND,, 406 So. 2d 496 (Fla. Dist. Ct. App. 1981)

. . . See § 708.08, Florida Statutes (1979), providing for the right of married women to hold separate property . . .

In B. CAMPBELL, A., 8 B.R. 335 (Bankr. S.D. Ohio 1980)

. . . petition initiating this case, and still [are] indebted (or liable) to this claimant in the sum of $15,-708.08 . . .

RAISEN, v. RAISEN, 379 So. 2d 352 (Fla. 1979)

. . . .; sections 708.08 and 708.09, Florida Statutes, (1977). . . . permit a married person to sue his or her spouse for any torts committed by the marital partner. . § 708.08 . . .

WEST, v. B. WEST,, 372 So. 2d 170 (Fla. Dist. Ct. App. 1979)

. . . All 50 states have enacted statutes similar to Sections 708.08 and 708.09, Florida Statutes (1977), the . . .

D. LEGGE, v. ALBERT A. LEGGE LAND CO. INC. a, 276 So. 2d 208 (Fla. Dist. Ct. App. 1973)

. . . . § 708.08 F.S.A. Appellant’s counsel in his brief relies heavily, upon Smith v. . . .

FIRST NATIONAL BANK OF CLEARWATER, v. T. MORSE, Jr. C. T. A. T., 248 So. 2d 658 (Fla. Dist. Ct. App. 1971)

. . . . § 708.08 F.S.A. either before or after death, and also because Brenton in an antenuptial agreement . . .

E. BOGLE, v. PERKINS,, 240 So. 2d 801 (Fla. 1970)

. . . Further, F.S. 708.08, F.S.A., Married women’s rights; separate property; release of dower, which became . . .

HOLWELL, a k a M. v. ZOFNAS, 226 So. 2d 253 (Fla. Dist. Ct. App. 1969)

. . . Florida Statutes 1967, § 693.01, § 708.04 and § 708.08, F.S.A., provide that a deed or real property . . .

GASTON, v. PITTMAN,, 224 So. 2d 326 (Fla. 1969)

. . . “The Florida Married Women’s Emancipation Act of 1943, §§ 708.08 and 708.09, Fla.Stat., F.S.A., enacted . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, St. St. v. R. PLAYFORD C., 217 So. 2d 584 (Fla. Dist. Ct. App. 1969)

. . . Florida Statutes Section 708.08 (1967), F.S.A. gives the wife the right to obligate herself on a note . . . If the note it holds is invalid in this case Section 708.08 is meaningless. . . . We think this the clear meaning of Section 708.08 of our statutes. Reversed and remanded. . . .

Ed v., 50 T.C. 384 (T.C. 1968)

. . . Fleitz... 1963 571.28 1964 708.08 Respondent’s adjustments to the taxable income of Ed & Jim Fleitz, . . .

S. DeLONG, v. LARKIN P., 208 So. 2d 830 (Fla. 1968)

. . . Sec. 708.08, F.S.A. . . . Cases construing Article XI before the effective date of Sec. 708.08 are not authority, of course, for . . .

POSNER, v. POSNER,, 206 So. 2d 416 (Fla. Dist. Ct. App. 1968)

. . . . § 708.08, F.S.A. . . .

KOCHAN, v. AMERICAN FIRE AND CASUALTY COMPANY,, 200 So. 2d 213 (Fla. Dist. Ct. App. 1967)

. . . Florida Statutes § 708.08, F.S.A., sometimes referred to as the Married Woman’s Emancipation Statute, . . . Schooley, Fla.1963, 158 So.2d 514, citing § 708.08, Fla.Stat, F.S.A. . . .

GLASSER, v. COLUMBIA FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI SHORES,, 197 So. 2d 6 (Fla. 1967)

. . . Sec. 708.08-708.10, F.S.A. . Blood v. Hunt, 97 Fla. 551, 121 So. 886. Cf. State v. . . .

SMITH v. B. MARTIN C., 186 So. 2d 16 (Fla. 1966)

. . . brief that the “decree appealed from did not pass upon the validity of Section 693.01 * * * and Section 708.08 . . . passes upon and rej ects the attacks on the constitutionality of Sections 693.01 [sic], F.S. and Section 708.08 . . . Section 708.08 has the same counterbalancing provision but much in the introductory provisions deals . . . error was committed by the chancellor in declining to hold invalid either Section 693.01 or Section 708.08 . . .

UNITED STATES v. YAZELL, 382 U.S. 341 (U.S. 1966)

. . . (Supp. 1964) §708.08; Ind. Ann. Stat. §38-102; Ky. Rev. . . .

T. JUDD, v. SCHOOLEY, S. J. H. J. a E., 158 So. 2d 514 (Fla. 1963)

. . . Married women’s “emancipation statutes,” such as Sections 708.08-708.10, Florida Statutes, F.S.A., enacted . . . Section 708.08, supra. . . .

O QUINN, v. CENTRAL TRUCK LINES, INC. a, 157 So. 2d 539 (Fla. Dist. Ct. App. 1963)

. . . Section 708.08, F.S.A., which she terms “The Married Woman’s Emancipation Act” as authority for her position . . .

KOVENS, v. BLUESTONE,, 154 So. 2d 167 (Fla. 1963)

. . . . § 708.08, F.S.A., which prescribes the requisites of conveyances by married women. . . .

E. FRAZIER, v. W. H. HART,, 140 So. 2d 610 (Fla. Dist. Ct. App. 1962)

. . . In Sec. 708.08, Fla.Stat., F.S.A., it is provided: “Every married woman is hereby empowered to take charge . . . The emphasized proviso in Sec. 708.08, Fla.Stat., F.S.A., set out supra, requires, as a prerequisite . . .

KOVENS, v. BLUESTONE, 134 So. 2d 547 (Fla. Dist. Ct. App. 1961)

. . . appellant contends that the liberalization of married women’s transfers of personal property by Section 708.08 . . .

PINKAS v. L. FIVEASH,, 126 So. 2d 910 (Fla. Dist. Ct. App. 1961)

. . . personal, and to make, execute and deliver instruments and documents of every character, * * ” Section 708.08 . . .

HUTCHINS, v. FRANK E. CAMPBELL, INC., 123 So. 2d 273 (Fla. Dist. Ct. App. 1960)

. . . By Section 708.08 of the 1959 Florida Statutes, F.S.A., the Legislature of our State has removed most . . .

AMENDOLA, v. M. AMENDOLA,, 118 So. 2d 13 (Fla. 1960)

. . . The Florida Married Women’s Emancipation Act of 1943, §§ 708.08 and 708.09, Fla.Stat., F.S.A., enacted . . .

L. C. Jr. W. L. v., 32 T.C. 515 (T.C. 1959)

. . . Income 1954-708.08 71393 Virginia B. Bentley..-. . . .

SHIVER v. B. SESSIONS, Sr., 80 So. 2d 905 (Fla. 1955)

. . . F.S.A., and it has not been changed by the so-called Married Women’s Emancipation Act of 1943, Sections 708.08 . . .

OMWAKE v. OMWAKE, 70 So. 2d 565 (Fla. 1954)

. . . Section 708.08 authorized the wife to sell, convey, transfer, etc. “ * * * her property, real and personal . . .

In SELIKIN S ESTATE, 3 Fla. Supp. 98 (Dade Cty. Cir. Ct. 1952)

. . . It is hard to reconcile the provisions of our own last statute, sections 708.08, 708.09 and 708.10, Florida . . .

MERRILL v. AVERY, 1 Fla. Supp. 1 (Dade Cty. Cir. Ct. 1950)

. . . directly answers the question, and the Florida Probate Act of 1933, as amended, together with Section 708.08 . . .

MARIAN ROSE, L. S. ROSE, v. GEORGE W. FREDERICK, 159 Fla. 378 (Fla. 1947)

. . . maintain such suit as a sole plaintiff under the provisions of Chapter 21.932, Acts of 1943, Section 708.08 . . .

OLIVER J. JETTE v. H. WESLEY HARBISON, MAY KATHLEEN HARBISON, 158 Fla. 418 (Fla. 1947)

. . . Petitioner avers that the question presented is ruled by Chapter 21932, Acts of 1943, Section 708.08, . . .

RODNEY MILLER v. EVIE LOUISE PHILLIPS,, 157 Fla. 175 (Fla. 1946)

. . . The statute immediately brought to mind, and stressed by the appellant, is Section 708.08, Florida Statutes . . .

SHINN v. McLEOD, 58 F. Supp. 440 (S.D. Fla. 1945)

. . . . §§ 708.08-708.10 (“Florida Emancipation or Enabling Act”), empowering a married woman to contract, . . . under the Florida decisions, before the enabling Act of 1943, Chapter 21932, Laws of Florida, F.S.A. §§ 708.08 . . .

EMMA E. TAYLOR, v. A. T. DORSEY, 155 Fla. 305 (Fla. 1944)

. . . against her valid in view of the provisions of Chapter 21932, Laws of Florida, Acts of 1943 (F.S.A. 708.08 . . .

ROOPE v. PROVIDENT INSTITUTION FOR SAVINGS IN TOWN OF BOSTON, 141 F.2d 1007 (5th Cir. 1944)

. . . . §§ 708.08 to 708.10, was void if executed in Florida, and unenforceable if executed elsewhere. . . .

JERGENS v. COMMISSIONER OF INTERNAL REVENUE, 136 F.2d 497 (5th Cir. 1943)

. . . . § 708.08, provides: “The property of the wife shall remain in care and management of the husband but . . .