Can Spouses Waive Their Homestead Rights In Florida?

We get many questions from clients every week, many of which are about a single subject, Homestead Rights. The question most clients ask is, “is it possible for spouses to waive their homestead rights?”

Since you are reading this article, chances are you too are wondering whether your spouse can waive his or her homestead rights and – if so – how. Read on to learn all you need to know about Homestead Rights in Florida and how Jurado & Farshchian, P.L., can help you.

Why Waive Homestead Rights?

Individuals usually provide for their significant other through their estate planning documents, insurance policies, and/or payable on death accounts. In such cases, these individuals may decide to devise their homestead according to their testamentary wishes. The problem is that the Florida Constitution restricts the ability of a spouse to devise his or her homestead property in their will. For example, Spouse A cannot leave his or her homestead to a sibling through his or her will if there is a surviving Spouse B or a minor child. Now the question is, “what happens if Spouse B wants to waive his or her homestead rights?

How Can a Spouse Waive His or Her Homestead Rights?

Before the Florida legislative session of 2018, spouses could waive their various rights pursuant to 732.702, which states:

“The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, 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.”

This means that a spouse can waive their spousal rights via a signed contract such as a prenuptial or post-nuptial agreement.

However, in 2018, the Florida Legislature created another option relating to waiver of homestead rights by passing Senate Bill 512, which added section 732.7025 to the Florida Statutes. This section provides for a way to waive homestead rights by simply executing a deed that contains specific language. For example, if Spouse B wants to allow Spouse A to devise their homestead property through his or her will, then Spouse B can execute a deed to Spouse A, which should contain the following language:

“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.”

Executing a deed with the above language to waive homestead rights does not waive the creditor protections provided by homestead, nor does it waive the spousal joinder requirement in any deed selling homestead property to a third party. Simply put, if Spouse B executes a deed to Spouse A with the language referenced above, Spouse B is only waiving the Florida Constitution’s devise restrictions. This means that Spouse A would not be able to sell their homestead to a third party without Spouse B’s signature on the deed.

Work With a Lawyer

As with all real estate and probate matters, consulting with an experienced attorney is crucial. If you have any questions regarding homestead rights in Florida, our team of experts can give you answers! Get in touch! Our dynamic and multifaceted team has a wide range of legal experience and understands the importance of reliable legal counsel and representation.

Call Jurado & Farshchian, P.L. today at (305) 921-0440, send us an email to or contact us via WhatsApp .