Florida Statute 708.08 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

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Amendments to 708.08

Annotations, Discussions, Cases:

Cases Citing Statute 708.08

Total Results: 29

Sturiano v. Brooks

523 So. 2d 1126, 1988 WL 26252

Supreme Court of Florida | Filed: Mar 24, 1988 | Docket: 473016

Cited 72 times | Published

Corren v. Corren, 47 So.2d 774 (Fla. 1950). [4] § 708.08, Fla. Stat. (1977). [5] Raisen v. Raisen, 379

Raisen v. Raisen

379 So. 2d 352

Supreme Court of Florida | Filed: Dec 20, 1979 | Docket: 380751

Cited 38 times | Published

the acts of the legislature of this state. [2] § 708.08, Fla. Stat. (1977) provides: (1) Every married

Judd v. Schooley

158 So. 2d 514

Supreme Court of Florida | Filed: Dec 13, 1963 | Docket: 1272312

Cited 19 times | Published

absence of restraint as if she were a feme sole. Section 708.08, supra. We agree with the Virginia Supreme

Corren v. Corren

47 So. 2d 774, 1950 Fla. LEXIS 1076

Supreme Court of Florida | Filed: Aug 1, 1950 | Docket: 1384542

Cited 19 times | Published

this fiction had not been changed either by Section 708.08 or 708.09, Florida Statutes, 1941, and F.S

Jette v. Harbison

28 So. 2d 858, 158 Fla. 418, 1947 Fla. LEXIS 532

Supreme Court of Florida | Filed: Jan 21, 1947 | Docket: 3265397

Cited 12 times | Published

presented is ruled by Chapter 21932, Acts of 1943, Section 708.08, Florida Statutes of 1941, the pertinent part

Hutchins v. Frank E. Campbell, Inc.

123 So. 2d 273

District Court of Appeal of Florida | Filed: Aug 31, 1960 | Docket: 1234788

Cited 11 times | Published

his wife, it was Kay Hutchins' automobile. By Section 708.08 of the 1959 Florida Statutes, F.S.A., the Legislature

Connor v. SOUTHWEST FLA. REGIONAL MED. CTR.

668 So. 2d 175, 1995 WL 752303

Supreme Court of Florida | Filed: Dec 21, 1995 | Docket: 1686921

Cited 9 times | Published

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

Kochan v. American Fire and Casualty Company

200 So. 2d 213, 1967 Fla. App. LEXIS 4948

District Court of Appeal of Florida | Filed: Apr 26, 1967 | Docket: 1291259

Cited 9 times | Published

479 * * *." (Emphasis added). Florida Statutes § 708.08, F.S.A., sometimes referred to as the Married

United States v. One Parcel of Real Estate at 3229 S.W. 23rd Street, Miami Florida

768 F. Supp. 340, 1991 U.S. Dist. LEXIS 8987, 1991 WL 114122

District Court, S.D. Florida | Filed: Jun 26, 1991 | Docket: 2266114

Cited 7 times | Published

Holland, 406 So.2d 496 (Fla. 5th DCA 1981). See also § 708.08, Florida Statutes (1979), providing for the right

Holland v. Holland

406 So. 2d 496

District Court of Appeal of Florida | Filed: Oct 28, 1981 | Docket: 2516383

Cited 6 times | Published

respects as if the parties were unmarried. See § 708.08, Florida Statutes (1979), providing for the right

Posner v. Posner

206 So. 2d 416

District Court of Appeal of Florida | Filed: Jan 23, 1968 | Docket: 1327500

Cited 5 times | Published

contractual rights, is set forth in Fla. Stat. § 708.08, F.S.A. Public policy permits a married woman

Waite v. Waite

593 So. 2d 222, 1991 WL 87223

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 446529

Cited 3 times | Published

(1979), repudiates the doctrine. In Florida, section 708.08(1), Florida Statutes (1989), originally passed

Dixon v. Clayton

44 So. 2d 76, 1949 Fla. LEXIS 1437

Supreme Court of Florida | Filed: Nov 18, 1949 | Docket: 3275230

Cited 3 times | Published

Chapter 21932, Laws of Florida, Acts of 1943, F.S.A. § 708.08 et seq. The only relevant part of that law cited

Continental Can Co. v. Lee Co.

40 So. 2d 783, 1949 Fla. LEXIS 1419

Supreme Court of Florida | Filed: May 31, 1949 | Docket: 3275651

Cited 2 times | Published

was executed, Chapter 21932, Acts of 1943, Section 708.08, F.S.A. sometimes known as the Married Woman's

Miller v. Phillips

25 So. 2d 194, 157 Fla. 175, 1946 Fla. LEXIS 691

Supreme Court of Florida | Filed: Mar 12, 1946 | Docket: 3259699

Cited 2 times | Published

to mind, and stressed by the appellant, is Section 708.08, Florida Statutes, 1941, and F.S.A., which

Rogers v. Newby

41 So. 2d 451, 1949 Fla. LEXIS 793

Supreme Court of Florida | Filed: Jul 8, 1949 | Docket: 3261248

Cited 1 times | Published

to Supreme Court the question of whether F.S.A. § 708.08 relieves a husband of liability for the "pure"

Lee v. Lee

438 So. 2d 514, 1983 Fla. App. LEXIS 24456

District Court of Appeal of Florida | Filed: Sep 29, 1983 | Docket: 64599842

Published

Article X, section 5 of the Florida Constitution, section 708.08 Florida Statutes (1981), and case law, see

Hughes v. Russell

391 So. 2d 256, 1980 Fla. App. LEXIS 17706

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 64579229

Published

holding or disposition of their property. Section 708.-08, Florida Statutes (1979), provides in relevant

Legge v. Albert A. Legge Land Co.

276 So. 2d 208, 1973 Fla. App. LEXIS 6899

District Court of Appeal of Florida | Filed: Apr 10, 1973 | Docket: 64531708

Published

thereof. 11 Fla.Jur. Dower § 12 (1957) and F.S. § 708.08 F.S.A. Appellant’s counsel in his brief relies

First National Bank of Clearwater v. Morse

248 So. 2d 658, 1971 Fla. App. LEXIS 6558

District Court of Appeal of Florida | Filed: May 7, 1971 | Docket: 64520735

Published

has no right in the wife’s property under F.S. § 708.08 F.S.A. either before or after death, and also

Holwell v. Zofnas

226 So. 2d 253, 1969 Fla. App. LEXIS 5257

District Court of Appeal of Florida | Filed: Jun 25, 1969 | Docket: 64511243

Published

Florida Statutes 1967, § 693.01,1 § 708.04 2 and § 708.08,3 F.S.A., provide that a deed or real property

Federal Deposit Insurance Corp. v. Playford

217 So. 2d 584, 1969 Fla. App. LEXIS 6362

District Court of Appeal of Florida | Filed: Jan 10, 1969 | Docket: 64507927

Published

husband and wife is valid. Florida Statutes Section 708.08 (1967), F.S.A. gives the wife the right to

Smith v. Martin

186 So. 2d 16, 1966 Fla. LEXIS 3654

Supreme Court of Florida | Filed: Mar 2, 1966 | Docket: 64496625

Published

upon the validity of Section 693.01 * * * and Section 708.08, Florida Statutes [F.S.A.], but merely applied

O'Quinn v. Central Truck Lines, Inc.

157 So. 2d 539

District Court of Appeal of Florida | Filed: Nov 12, 1963 | Docket: 60216551

Published

Plaintiff primarily asserts and relies upon F.S. Section 708.08, F.S.A., which she terms “The Married Woman’s

Kovens v. Bluestone

154 So. 2d 167, 1963 Fla. LEXIS 2767

Supreme Court of Florida | Filed: May 29, 1963 | Docket: 60212589

Published

Fla.Const., Art. XI, § 1, F.S.A., and Fla.Stat. § 708.08, F.S.A., which prescribes *168the requisites of

Kovens v. Bluestone

134 So. 2d 547

District Court of Appeal of Florida | Filed: Nov 22, 1961 | Docket: 60198919

Published

married women’s transfers of personal property by Section 708.08, Fla.Stat, F.S.A., malíes her separate personal

Pinkas v. Fiveash

126 So. 2d 910

District Court of Appeal of Florida | Filed: Feb 17, 1961 | Docket: 60196714

Published

instruments and documents of every character, * * ” Section 708.08, Florida Statutes, F.S.A. Also, “Every married

Omwake v. Omwake

70 So. 2d 565, 1954 Fla. LEXIS 1283

Supreme Court of Florida | Filed: Feb 16, 1954 | Docket: 64485125

Published

permitted by a separate deed has not been adjudged. Section 708.08 authorized the wife to sell, convey, transfer

Rose v. Frederick

31 So. 2d 401, 159 Fla. 378, 1947 Fla. LEXIS 788

Supreme Court of Florida | Filed: Jul 25, 1947 | Docket: 3259806

Published

provisions of Chapter 21.932, Acts of 1943, Section 708.08, 1945 Supplement to Florida Statutes 1941 (same