Florida Statute 732.702 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

View Entire Chapter

F.S. 732.702

732.702 Waiver of spousal rights.—

(1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, or to assert a claim under the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, and preference in appointment as personal representative of an intestate estate or any of those rights, may be waived, wholly or partly, before or after marriage, by a written contract, agreement, or waiver, signed by the waiving party in the presence of two subscribing witnesses. The requirement of witnesses shall be applicable only to contracts, agreements, or waivers signed by Florida residents after the effective date of this law. Any contract, agreement, or waiver executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where it was executed, whether or not he or she is a Florida resident at the time of death. Unless the waiver provides to the contrary, a waiver of “all rights,” or equivalent language, in the property or estate of a present or prospective spouse, or a complete property settlement entered into after, or in anticipation of, separation, dissolution of marriage, or divorce, is a waiver of all rights to elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, or to assert a claim under the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, and preference in appointment as personal representative of an intestate estate, by the waiving party in the property of the other and a renunciation by the waiving party of all benefits that would otherwise pass to the waiving party from the other by intestate succession or by the provisions of any will executed before the written contract, agreement, or waiver.

(2) Each spouse shall make a fair disclosure to the other of that spouse’s estate if the agreement, contract, or waiver is executed after marriage. No disclosure shall be required for an agreement, contract, or waiver executed before marriage.

(3) No consideration other than the execution of the agreement, contract, or waiver shall be necessary to its validity, whether executed before or after marriage.

History.—s. 1, ch. 74-106; s. 39, ch. 75-220; s. 14, ch. 77-87; s. 56, ch. 2001-226; s. 10, ch. 2024-238.

F.S. 732.702 on Google Scholar

F.S. 732.702 on Casetext

Amendments to 732.702

Arrestable Offenses / Crimes under Fla. Stat. 732.702

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.702.

Annotations, Discussions, Cases:

Cases Citing Statute 732.702

Total Results: 20

In Re: Amendments to Florida Probate Rules

Court: Fla. | Date Filed: 2024-07-03T00:00:00-07:00

Snippet: .4015, Fla. Stat. Devise of homestead. § 732.702, Fla. Stat. Waiver of spousal rights. § 732.7025

WILLIAM THAYER and LOUISE A. JEFFERSON v. DORIS D. HAWTHORN

Court: Fla. Dist. Ct. App. | Date Filed: 2023-06-21T00:00:00-07:00

Snippet: spouse’s homestead rights as required by section 732.702, Florida Statutes (2002). Doris and James Hawthorn…the warranty deed. Appellee argued that section 732.702, Florida Statutes (2002), provided that a surviving…documentary evidence in the form required under section 732.702(1) to waive Doris’ rights. The competing motions…The trial court found that pursuant to section 732.702 and this Court’s holding in Stone v. Stone, 157…rights, including rights to the homestead. Section 732.702 provides:

WILLIAM THAYER and LOUISE A. JEFFERSON v. DORIS D. HAWTHORN

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-12T00:53:00-07:00

ALBERT RALPH ISAACS, etc. v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-12-13T23:53:00-08:00

Snippet: 9 section 732.702(a), Florida Statutes, there is no reason to prohibit

ROBERT FELDMAN, etc. v. JEFFREY SCHOCKET

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-21T00:53:00-07:00

Snippet: of Silver’s estate. See § 732.702(2), Fla. Stat. Second, section 732.702(1), Florida Statutes, anticipates…legislative enactment and judicial imprimatur. See § 732.702(1), Fla. Stat. (2022); see also City Nat’l Bank… is statutorily circumscribed. Section 732.702(1), Florida Statutes, authorizes a spouse to waive…disclosure to the other of his or her estate. § 732.702(2), Fla. Stat. Notably, the statute contains no…afoul of the applicable statutory scheme. See § 732.702(2), Fla. Stat. Further, nowhere do the mortgage

RICHARD MERLI v. DONNA MERLI

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

Snippet: rights pursuant to section 732.702(1), Florida Statutes (2019). Section 732.702 requires a spouse’s explicit…marriage. § 732.702(1-3), Fla. Stat. (2019). Pursuant to the plain language of section 732.702 and the…complete property settlement pursuant to section 732.702, Florida Statutes (2019); (2) alternatively, by…a waiver of spousal rights pursuant to section 732.702(1), Florida Statutes (2019). The brother timely…phrase “complete property settlement” in section 732.702(1), and on Snow v. Mathews, 190 So. 2d 50 (Fla.

ARLENE PARIS v. APRIL NELLE JOSEPH

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-16T23:53:00-08:00

Snippet: witnesses. § 732.702(1), Fla. Stat. (2019) (emphases added). The application of section 732.702(1) appears…the parties litigated the application of section 732.702(2), Florida Statutes (2019), a provision of Florida…contract, or waiver executed before marriage. § 732.702(2), Fla. Stat. (2019). The Wife sought to apply…marriage. The Children sought to apply section 732.702(2) because no …neither party argued the applicability of section 732.702(1), Florida Statutes (2019), which provides in

ARLENE PARIS v. APRIL NELLE JOSEPH

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-01T00:53:00-07:00

Snippet: witnesses. § 732.702(1), Fla. Stat. (2019) (emphases added). The application of section 732.702(1) appears…the parties litigated the application of section 732.702(2), Florida Statutes (2019), a provision of Florida…contract, or waiver executed before marriage. § 732.702(2), Fla. Stat. (2019). The Wife sought to apply…marriage. The Children sought to apply section 732.702(2) because no financial disclosure is required …neither party argued the applicability of section 732.702(1), Florida Statutes (2019), which provides in

Sudman v. O'Brien

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-05T00:00:00-07:00

Citation: 218 So. 3d 986, 2017 WL 1829479, 2017 Fla. App. LEXIS 6337

Snippet: share by signing a prenuptial agreement. See § 732.702(1). The trustee then served on Sudman two requests

Dr. Ross G. Stone v. Nancy Stone and Alma Stone

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-12T00:00:00-08:00

Citation: 157 So. 3d 295, 2014 Fla. App. LEXIS 18431

Snippet: the presence of two subscribing witnesses.” § 732.702(1), Fla. Stat. (2011). Further, “[ujnless the waiver

Friscia v. Friscia

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-27T00:00:00-07:00

Citation: 161 So. 3d 513, 2014 Fla. App. LEXIS 13251, 2014 WL 4212689

Snippet: of two subscribing witnesses. See § 732.702(1). Furthermore, language waiving “all rights” …provides for a waiver of homestead under section 732.702(1). However, the parties’ release of each … “in the property of the other.” See § 732.702(1) (emphasis added). The rights at issue in this…written homestead waivers enforced under section 732.702(1). Myers, 671 So.2d at 866-67. Thus

Steffens v. Evans

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-05T00:00:00-07:00

Citation: 70 So. 3d 758, 2011 Fla. App. LEXIS 15750, 2011 WL 4577938

Snippet: waiver. § 732.702(1), Fla. Stat. (2007) (emphasis added). Tracking the language in section 732.702(1), the…is to be broadly construed pursuant to Section 732.702, Florida Statutes. Following Jeffrey's death…Post-Nuptial Agreement and Florida Statutes Section 732.702 creates a waiver of all of the Surviving Spouse… executing the Post-Nuptial Agreement. Section 732.702(1), Florida Statutes (2007), states that The rights…is to be broadly construed pursuant to Section 732.702, Florida Statutes. (emphasis added.) Accordingly

Foster v. Estate of Gomes

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-29T00:00:00-08:00

Citation: 27 So. 3d 145, 2010 Fla. App. LEXIS 559, 2010 WL 322170

Snippet: the petition for elective share, citing section 732.702(1), Florida Statutes (2006), and the antenuptial…disclosure of assets for an antenuptial agreement. § 732.702(2). Recognizing this, Appellant argues that a disclosure

Zivitz v. Zivitz

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-22T00:00:00-07:00

Citation: 16 So. 3d 841, 2009 Fla. App. LEXIS 5870, 2009 WL 1424067

Snippet: 2d DCA 1990) (holding that pursuant to section 732.702(1), Florida Statutes, a surviving spouse can waive

Taylor v. Taylor

Court: Fla. Dist. Ct. App. | Date Filed: 2009-01-28T00:00:00-08:00

Citation: 1 So. 3d 348, 2009 Fla. App. LEXIS 565, 2009 WL 186155

Snippet: surviving spouses. Our review is guided by section 732.702(1), Florida Statutes (1995), which provides as …intestate succession.. . . Application of section 732.702(1) leads us to conclude that the trial court erred… rights in the decedent's estate. Section 732.702(1) does not require that the parties specify an…the decedent's property or estate, section 732.702(1) compels a conclusion that the prenuptial agreement…constitute a waiver of the rights enumerated in section 732.702(1). Paragraph two, which provides that the parties

Chames v. DeMayo

Court: Fla. | Date Filed: 2007-12-20T00:00:00-08:00

Citation: 972 So. 2d 850

Snippet: 's waiver of that restriction. See also § 732.702(1), Fla. Stat. (2006) ("The rights of a surviving

Weisfeld-Ladd v. Estate of Ladd

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-31T23:53:00-08:00

Citation: 920 So. 2d 1148

Snippet: and that "[p]ursuant to Florida Statutes 732.702, said Prenuptial Agreement operates as a waiver…property. We disagree. The parties agree that section 732.702(1), Florida Statutes (2002), allows an individual…writing his/her right to an elective share. Section 732.702(1), Florida Statutes (2002), provides, in part,…wife's right to an elective share, as section 732.702(1) provides that "equivalent language"

Dienstag v. Dienstag

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-03T00:00:00-07:00

Citation: 864 So. 2d 9, 2003 Fla. App. LEXIS 13192, 2003 WL 22047614

Snippet: husband’s worth prior to signing the document. See § 732.702(2) Fla. Stat. (2003); Estate of Roberts v. Roberts

Myers v. Lehrer

Court: Fla. Dist. Ct. App. | Date Filed: 1996-04-17T00:53:00-07:00

Citation: 671 So. 2d 864

Snippet: Nat'l Bank v. Tescher, 578 So.2d at 703; § 732.702(1), Fla.Stat. (1995); cf. Monks v. Smith, 609 So

Nahar v. Nahar

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-07T00:00:00-07:00

Citation: 656 So. 2d 225

Snippet: Second), Conflict of Laws, § 98 (1988). See also § 732.702, Fla. Stat. (1991). But see Sanchez v. Sanchez