CopyPublished | Florida 3rd District Court of Appeal
...witnesses.” In such circumstances, “[u]nless the waiver provides to the
contrary, a waiver of ‘all rights,’ or equivalent language,” may constitute a
waiver of all homestead rights that would otherwise inure to the benefit of the
waiving spouse. Id.; see also § 732.7025(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Stephen passed
away on January 17, 2022.
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 moved for partial summary judgment and
argued it was entitled to judgment as a matter of law on the issue of Rogers’
ownership interest because the quit-claim deed he was claiming under was
void ab initio based on its failure to comply with section 732.7025....
...ouses and is to be
liberally construed for their benefit. Feldman v. Schocket,
366 So. 3d 1104,
1108 (Fla. 3d DCA 2022). Equitable principles cannot operate to nullify a
homestead interest, but such an interest may be waived. Id. In this regard,
section
732.7025(1), Florida Statutes (2021), provides:
A spouse waives his or her rights as a surviving
spouse with respect to the devise restrictions under
s....
...spouse from devising the homestead property
described in this deed to someone other than me.”
It is undisputed that such language, or even substantially similar language,
was not included in the quit-claim deed here.
Rogers attempts to discount section 732.7025 by arguing that “[t]he
statute does not provide that the deed must include this specific language to
8
constitute a waiver.” Rogers asserts the statute is merely intended to provide
gu...
...at 173-74 (citing Jeffrey S. Goethe & Jeffrey A. Baskies, Homestead
10
Planning Under Florida's New “Safe Harbor” Statute, 93 Fla. B. J. 36
(May/June 2019)). These concerns resulted in the enactment of section
732.7025. See, e.g., Florida Staff Analysis, S.B. 512, 2/1/2018. Accordingly,
the enactment of section 732.7025 calls into question whether the language
deemed sufficient in Stone would be sufficient to waive homestead rights
today.
We agree with the trial court’s conclusion here that the quit-claim deed
failed to include the neces...
CopyPublished | Florida 4th District Court of Appeal
...e in a deed would constitute
a waiver of homestead rights. See Jeffrey S. Goethe & Jeffrey A. Baskies,
Homestead Planning Under Florida’s New “Safe Harbor” Statute, 93 Fla. B.
J. 36 (May/June 2019). 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 restrictions under s....
CopyPublished | Supreme Court of Florida
...Waiver and consent by interested person.
§
732.103, Fla. Stat. Share of other heirs.
§
732.104, Fla. Stat. Inheritance per stirpes.
§
732.401, Fla. Stat. Descent of homestead.
§
732.4015, Fla. Stat. Devise of homestead.
§
732.702, Fla. Stat. Waiver of spousal rights.
§
732.7025, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...3d 982, 987 (Fla. 4th DCA 2020).
But these rights, like most, can be waived. See generally Thayer v.
Hawthorn,
363 So. 3d 170, 173 (Fla. 4th DCA 2023); §
732.702(1), Fla. Stat.
(setting forth waiver of spousal rights through contracts and agreements); §
732.7025, Fla....
...including any such rights which might be
claimed under the laws of dower, courtesy [sic], or the elective share of a
spouse, . . . homestead rights. . . .”), and Steffens v. Evans,
70 So. 3d 758,
759 (Fla. 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. §
732.7025(1), Fla....
CopyPublished | Florida 4th District Court of Appeal
...e in a deed would constitute
a waiver of homestead rights. See Jeffrey S. Goethe & Jeffrey A. Baskies,
Homestead Planning Under Florida’s New “Safe Harbor” Statute, 93 Fla. B.
J. 36 (May/June 2019). 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 restrictions under s....
