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Florida Statute 732.7025 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 732.7025 Case Law from Google Scholar Google Search for Amendments to 732.7025

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter
F.S. 732.7025
732.7025 Waiver of homestead rights through deed.
(1) A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under s. 4(c), Art. X of the State Constitution if the following or substantially similar language is included in a deed:

“By executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me.”

(2) The waiver language in subsection (1) may not be considered a waiver of the protection against the owner’s creditor claims during the owner’s lifetime and after death. Such language may not be considered a waiver of the restrictions against alienation by mortgage, sale, gift, or deed without the joinder of the owner’s spouse.
History.s. 1, ch. 2018-22.

F.S. 732.7025 on Google Scholar

F.S. 732.7025 on Casetext

Amendments to 732.7025


Arrestable Offenses / Crimes under Fla. Stat. 732.7025
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.7025.



Annotations, Discussions, Cases:

Cases Citing Statute 732.7025

Total Results: 5

In Re: Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2024-07-03

Snippet: Fla. Stat. Waiver of spousal rights. § 732.7025, Fla. Stat. Waiver of homestead rights by deed

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

Court: District Court of Appeal of Florida | Date Filed: 2023-06-21

Snippet: provide guidance, the Legislature enacted section 732.7025, Florida Statutes (2018), providing that a deed

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

Court: District Court of Appeal of Florida | Date Filed: 2023-04-12

Snippet: provide guidance, the Legislature enacted section 732.7025, Florida Statutes (2018), providing that a deed

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

Court: District Court of Appeal of Florida | Date Filed: 2022-12-14

Snippet: allowing restraint on devise this way); with § 732.7025, Fla. Stat. (2018) (providing that “[a] spouse

ROBERT FELDMAN, etc. v. JEFFREY SCHOCKET

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: benefit of the waiving spouse. Id.; see also § 732.7025(1), Fla. Stat. (2022) (“A spouse waives his or