S.B.512. Homestead Waivers

Florida Senate
Last action 6 months ago
Polls (closed):
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Summary

                    An act relating to homestead waivers; creating s. 732.7025, F.S.; providing language that may be used to waive spousal homestead rights concerning devise restrictions; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 732.7025, Florida Statutes, is created to read:

       732.7025 Waiver of homestead rights through deed.—        (1) A spouse is presumed to have waived 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:
                
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                           “By 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.

Section 2. This act shall take effect July 1, 2018.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

Actions

  • Chapter No. 2018-22

    Wed, Mar 21st 2018
  • Approved by Governor

    Mon, Mar 19th 2018
  • Signed by Officers and presented to Governor

    Mon, Mar 12th 2018
  • Ordered enrolled

    Mon, Mar 5th 2018
  • Read 3rd time

    Mon, Mar 5th 2018
  • Read 2nd time

    Mon, Mar 5th 2018
  • Substituted for CS/HB 421

    Mon, Mar 5th 2018
  • CS passed; YEAS 113 NAYS 0

    Mon, Mar 5th 2018
  • Received

    Sun, Mar 4th 2018
  • Referred to Calendar

    Sun, Mar 4th 2018
  • In Messages

    Fri, Mar 2nd 2018
  • CS passed; YEAS 38 NAYS 0

    Fri, Mar 2nd 2018
  • Read 3rd time

    Fri, Mar 2nd 2018
  • Read 2nd time

    Thu, Mar 1st 2018
  • Placed on 3rd reading

    Thu, Mar 1st 2018
  • Placed on Special Order Calendar, 03/01/18

    Tue, Feb 27th 2018
  • Placed on Calendar, on 2nd reading

    Wed, Feb 7th 2018
  • CS by Rules read 1st time

    Wed, Feb 7th 2018
  • Pending reference review -under Rule 4.7(2) - (Committee Substitute)

    Thu, Feb 1st 2018
  • CS by- Rules; YEAS 12 NAYS 0

    Thu, Feb 1st 2018
  • On Committee agenda-- Rules, 02/01/18, 11:30 am, 110 Senate Office Building

    Mon, Jan 29th 2018
  • Introduced

    Tue, Jan 9th 2018
  • Now in Rules

    Wed, Dec 6th 2017
  • Favorable by Judiciary; YEAS 10 NAYS 0

    Tue, Dec 5th 2017
  • On Committee agenda-- Judiciary, 12/05/17, 2:00 pm, 110 Senate Office Building

    Mon, Nov 27th 2017
  • Now in Judiciary

    Wed, Nov 8th 2017
  • Favorable by Community Affairs; YEAS 6 NAYS 0

    Tue, Nov 7th 2017
  • On Committee agenda-- Community Affairs, 11/07/17, 10:00 am, 301 Senate Office Building

    Mon, Oct 30th 2017
  • Referred to Community Affairs; Judiciary; Rules

    Thu, Oct 26th 2017
  • Filed

    Wed, Oct 11th 2017