Florida Statutes
Fla. Stat. § 732.7025 (2025)
Waiver of homestead rights through deed.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 8
cases (8 in the last 5 years), 2022–2025 · leading case: James E. Rogers v. Guardianship Prog. of Dade Cnty., Inc. (Fla. 3d DCA 2025).
James E. Rogers v. Guardianship Prog. of Dade Cnty., Inc. (Fla. 3d DCA 2025). “The Guardianship Program sought to quiet title in Sharyn and for a declaration that the quit-claim deed was void because it failed to contain language indicating the intent to waive homestead rights as required by section 732.7025, Florida Statutes. The Guardianship Program…”
Jorge Mendia v. Abraham Figueroa Galvez (Fla. 3d DCA 2025). “4th DCA 2011) (finding waiver where post-nuptial agreement stated 3 In 2018, the Legislature enacted section 732.7025, Florida Statutes, which mandates certain language in a deed in order to effectuate a waiver.”
Weaver v. Hatfield (Fla. 1st DCA 2025). “Weaver’s § 732.7025 argument regarding supposed non-compliance with statutory waiver requirements.”
Robert Feldman, Etc. v. Jeffrey Schocket (Fla. 3d DCA 2022). “; see also § 732.7025(1), Fla. Stat. (2022) (“A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under [section] 4(c), Art.”
Albert Ralph Isaacs, Etc. v. Fed. Nat'l Mortg. Ass'n, Etc. (Fla. 3d DCA 2022). “702(a), Florida Statutes, there is no reason to prohibit spouse from waiving restraint on alienation by same method, as allowing waiver of restraint on alienation is consistent with allowing restraint on devise this way); with § 732.7025, Fla. Stat. (2018) (providing that “[a]…”
William Thayer & Louise a. Jefferson v. Doris D. Hawthorn (Fla. 4th DCA 2023). “To provide guidance, the Legislature enacted section 732.7025, Florida Statutes (2018), providing that a deed containing certain language would constitute a waiver of the homestead rights: 5 (1) A spouse waives his or her rights as a surviving spouse with respect to the devise…”
William Thayer & Louise a. Jefferson v. Doris D. Hawthorn (Fla. 4th DCA 2023). “To provide guidance, the Legislature enacted section 732.7025, Florida Statutes (2018), providing that a deed containing certain language would constitute a waiver of the homestead rights: (1) A spouse waives his or her rights as a surviving spouse with respect to the devise…”
In Re: Amendments to Florida Prob. Rules (Fla. 2024). “§ 732.7025, Fla. Stat. Waiver of homestead rights by deed.”
— 732.7025(1) — 3 cases
Robert Feldman, Etc. v. Jeffrey Schocket (Fla. 3d DCA 2022). “; see also § 732.7025(1), Fla. Stat. (2022) (“A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under [section] 4(c), Art.”
James E. Rogers v. Guardianship Prog. of Dade Cnty., Inc. (Fla. 3d DCA 2025). “The Guardianship Program sought to quiet title in Sharyn and for a declaration that the quit-claim deed was void because it failed to contain language indicating the intent to waive homestead rights as required by section 732.7025, Florida Statutes. The Guardianship Program…”
Jorge Mendia v. Abraham Figueroa Galvez (Fla. 3d DCA 2025). “4th DCA 2011) (finding waiver where post-nuptial agreement stated 3 In 2018, the Legislature enacted section 732.7025, Florida Statutes, which mandates certain language in a deed in order to effectuate a waiver.”
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