Florida Statute 708.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 708
MARRIED WOMEN'S PROPERTY

View Entire Chapter

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 Citing Statute 708.08

Total Results: 20

Connor v. SOUTHWEST FLA. REGIONAL MED. CTR.

Court: Fla. | Date Filed: 1995-12-20T23:53:00-08:00

Citation: 668 So. 2d 175

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

Waite v. Waite

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-10T23:53:00-08:00

Citation: 593 So. 2d 222

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

Sturiano v. Brooks

Court: Fla. | Date Filed: 1988-03-23T23:53:00-08:00

Citation: 523 So. 2d 1126

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

Lee v. Lee

Court: Fla. Dist. Ct. App. | Date Filed: 1983-09-29T00:00:00-07:00

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

Snippet: section 5 of the Florida Constitution, section 708.08 Florida Statutes (1981), and case law, see Palumbo

Holland v. Holland

Court: Fla. Dist. Ct. App. | Date Filed: 1981-10-27T23:53:00-08:00

Citation: 406 So. 2d 496

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

Hughes v. Russell

Court: Fla. Dist. Ct. App. | Date Filed: 1980-11-26T00:00:00-08:00

Citation: 391 So. 2d 256

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

Raisen v. Raisen

Court: Fla. | Date Filed: 1979-12-19T23:53:00-08:00

Citation: 379 So. 2d 352

Snippet: Dodson v. National Title Insurance Co.; sections 708.08 and 708.09, Florida Statutes, (1977). The inconsistency…the acts of the legislature of this state. [2] § 708.08, Fla. Stat. (1977) provides: (1) Every married

West v. West

Court: Fla. Dist. Ct. App. | Date Filed: 1979-06-13T00:53:00-07:00

Citation: 372 So. 2d 170

Snippet: states have enacted statutes similar to Sections 708.08 and 708.09, Florida Statutes (1977), the Married

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-05-28T00:53:00-07:00

Snippet: Fla., 1974); Art. X, s. 5, State Const.; and ss. 708.08 and725.07, F.S. Cf. AGO 063-47 where the opinion

Legge v. Albert A. Legge Land Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1973-04-10T00:00:00-08:00

Citation: 276 So. 2d 208

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 1971-05-07T00:00:00-07:00

Citation: 248 So. 2d 658

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

Holwell v. Zofnas

Court: Fla. Dist. Ct. App. | Date Filed: 1969-06-25T00:00:00-07:00

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

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

Gaston v. Pittman

Court: Fla. | Date Filed: 1969-05-28T00:53:00-07:00

Citation: 224 So. 2d 326

Snippet: Married Women's Emancipation Act of 1943, §§ 708.08 and 708.09, Fla. Stat., F.S.A., enacted subsequent

Federal Deposit Insurance Corp. v. Playford

Court: Fla. Dist. Ct. App. | Date Filed: 1969-01-10T00:00:00-08:00

Citation: 217 So. 2d 584

Snippet: husband and wife is valid. Florida Statutes Section 708.08 (1967), F.S.A. gives the wife the right to obligate…the note it holds is invalid in this case Section 708.08 is meaningless. *586This may be the last case of…borrowers. We think this the clear meaning of Section 708.08 of our statutes. Reversed and remanded. PIERCE,

DeLong v. Larkin

Court: Fla. | Date Filed: 1968-04-03T00:00:00-08:00

Citation: 208 So. 2d 830

Snippet: F.S. Sec. 708.08, F.S.A. Cases 4 construing Article XI before the effective date of Sec. 708.08 are not

Posner v. Posner

Court: Fla. Dist. Ct. App. | Date Filed: 1968-01-22T23:53:00-08:00

Citation: 206 So. 2d 416

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

Kochan v. American Fire and Casualty Company

Court: Fla. Dist. Ct. App. | Date Filed: 1967-04-25T23:53:00-08:00

Citation: 200 So. 2d 213

Snippet: * *." (Emphasis added). Florida Statutes § 708.08, F.S.A., sometimes referred to as the Married Woman…v. Schooley, Fla. 1963, 158 So.2d 514, citing § 708.08, Fla. Stat., F.S.A. Here Iris exercised her "

Glasser v. Columbia Federal Savings & Loan Ass'n

Court: Fla. | Date Filed: 1967-03-28T23:53:00-08:00

Citation: 197 So. 2d 6

Snippet: and husband in entireties." [10] F.S. Sec. 708.08-708.10, F.S.A. [11] Blood v. Hunt, 97 Fla. 551

Smith v. Martin

Court: Fla. | Date Filed: 1966-03-02T00:00:00-08:00

Citation: 186 So. 2d 16

Snippet: the validity of Section 693.01 * * * and Section 708.08, Florida Statutes [F.S.A.], but merely applied …constitutionality of Sections 693.01 [sic], F.S. and Section 708.08, F.S.” To us that was sufficient to vest in this… been as ineffectual as first appeared. Section 708.08 has the same counterbalancing provision but much…to hold invalid either Section 693.01 or Section 708.08, because we have not been convinced of their invalidity

Judd v. Schooley

Court: Fla. | Date Filed: 1963-12-12T23:53:00-08:00

Citation: 158 So. 2d 514

Snippet: quot;emancipation statutes," such as Sections 708.08-708.10, Florida Statutes, F.S.A., enacted twenty…of restraint as if she were a feme sole. Section 708.08, supra. We agree with the Virginia Supreme Court