Florida Statutes

Fla. Stat. § 708.09 (2025)

Married women’s rights; agreements with husband, power of attorney, etc.

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708.09 Married women’s rights; agreements with husband, power of attorney, etc.—Every married woman may enter into agreements and contracts with her husband, may become the partner of her husband or others, may give a power of attorney to her husband, and may execute powers conferred upon her by her husband, including the power to execute and acknowledge all instruments, including relinquishments of dower, conveying, transferring, or encumbering property, or any interest in it, owned by her, or by herself and her husband as tenants by the entirety, or by her husband. All powers of attorney heretofore executed by a wife to her husband and vice versa, and the execution of all documents executed thereunder, are hereby validated and confirmed.

History.—s. 1, ch. 21696, 1943; s. 2, ch. 21932, 1943; s. 3, ch. 70-4.

Notes of Decisions

Cited in 12 cases, 1951–2015 · leading case: Raisen v. Raisen, 379 So. 2d 352 (Fla. 1979).

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Raisen v. Raisen, 379 So. 2d 352 (Fla. 1979). · cites it 2× “§ 708.09, Fla. Stat. (1977), provides: Every married woman may enter into agreements and contracts with her husband, may become the partner of her husband or others, may give a power of attorney to her husband, and may execute powers conferred upon her by her husband, including…”

Losey v. Losey, 221 So. 2d 417 (Fla. 1969). · cites it 5× “Although the Dodson case, supra, was considering the distribution of personalty, F.S.A. § 708.09 authorizing contracts between husband and wife is not limited to personal property and specifically mentions estates by entireties and authorizes such contracts as would affect real…”

First Nat'l Bank of Leesburg v. Hector Supply Co., 254 So. 2d 777 (Fla. 1971). · cites it 2× “So long as a bank account contract or signature card is drafted in a manner consistent with the essential unities of the entireties estate, and so long as it contains a statement of permission for one spouse to act for the other, the requirements of form of the estate will have…”

Belcher v. Belcher, 271 So. 2d 7 (Fla. 1972). “Here, the parties in an arm's length transaction contracted to eliminate the wife's right to alimony and petitioner willingly accepted all of the benefits of the contract.”

Waite v. Waite, 593 So. 2d 222 (Fla. 3d DCA 1992). · cites it 2× “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, and pledge her real and…”

Clawson v. Clawson, 54 So. 2d 161 (Fla. 1951). · cites it 2× “A married woman might enter into a business partnership with her husband, Section 708.09, Florida Statutes 1949, F.”

Simpson v. Schoenemann, 263 So. 2d 854 (Fla. 1st DCA 1972). · cites it 2× “If this is allowed by statute, then we perceive no reason why the statute cannot coalesce with the tenancy by the entirety so as to allow one spouse to draft checks in behalf of both.”

Snow v. Mathews, 190 So. 2d 50 (Fla. 4th DCA 1966). · cites it 6× “Florida, however, has modified the common law rule in the adoption of F.”

Newborn v. Isbell, 165 So. 3d 16 (Fla. 1st DCA 2015). “The stipulation left the issue of attorneys’ fees unresolved, providing that “all claims and defenses related to entitlement and amount of any attorneys’ fee claim under Fla. Stat. 708.09 [sic] ... are preserved and shall be treated as if the case proceeded to trial and verdict…”

Bowen v. Comm'r, 78 T.C. 55 (1982). “09 ↩ (West Supp. 1981). 10. Respondent in his notice of deficiency determined that there was not a bona fide sale of the entire block of 232,429 shares transferred under the second agreement.”

Maddex v. First Nat'l Bank of Clearwater, 97 So. 2d 871 (Fla. 2d DCA 1957). · cites it 2× “F.S.A. § 708.09.” The Judge of the lower court sustained a mo.”

Moulton v. United States, 109 F. Supp. 507 (N.D. Fla. 1953). “See, Section 708.09, F.S.A. Following the conveyance to his wife of the one-third interest in the P & S Apothecary and the one-half interest in Moulton’s Apothecary at the end of 1943 plaintiff reported to the Collector of Internal Revenue the gifts he had made his wife of these…”

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