CopyCited 53 times | Published | Supreme Court of Florida
...ht to alimony and petitioner willingly accepted all of the benefits of the contract. Since 1943 and the promulgation of the Married Woman's Emancipation Act, a married woman may enter into agreements and contracts with her husband. Florida Statutes, Section 708.09, F.S.A....
CopyCited 51 times | Published | Supreme Court of Florida | 1971 Fla. LEXIS 3290
...241, 59 P.2d 392 (1936), which was cited in Note 7 in the Glasser case, supra. Today, we again state our preference for the holding given in Hagerty, supra . We move in this direction, and away from the suggestion in Glasser, supra, because of the existence of Fla. Stat. § 708.09, F.S.A....
CopyCited 38 times | Published | Supreme Court of Florida
...As we initially noted, in this state spouses are free to sue each other for breach of contractual obligations and to protect separate property rights, but may not bring interspousal actions for tortious injury. Bencomo v. Bencomo ; Dodson v. National Title Insurance Co .; sections
708.08 and
708.09, Florida Statutes, (1977)....
...ined. (2) Any married woman having a right of dower in real property may relinquish it by joining in a conveyance or mortgage of the property or by a separate instrument without the joinder of her husband, executed in the same manner as conveyances. § 708.09, Fla....
CopyCited 13 times | Published | Supreme Court of Florida
...the husband and the wife. It is held by the unity. Either one taking possession holds for the benefit of both. That is the rationale of our prior decisions. * * * * * * "[2] But such funds are the proper subject of contract between husband and wife, section 708.09, F.S.A., and they may provide by contract for termination of the estate by the entirety resulting in equal division of the personal property....
...perty, providing for the distribution of the net proceeds upon the sale of the property, executed in conformity with the requirements for the execution of deeds. Although the Dodson case, supra, was considering the distribution of personalty, F.S.A. § 708.09 authorizing contracts between husband and wife is not limited to personal property and specifically mentions estates by entireties and authorizes such contracts as would affect real property....
...clearly intended to be a complete and final distribution of the jointly owned property of the parties including specifically the home place. It was executed in accordance with the provisions providing for the conveyance of title to property, F.S.A. § 708.09....
CopyCited 4 times | Published | Supreme Court of Florida | 1951 Fla. LEXIS 1699
...en favored with a decree that her husband maintain her; the unity or singleness of person still obtains, and will, so well as can now be told, as long as they both shall live. A married woman might enter into a business partnership with her husband, Section 708.09, Florida Statutes 1949, F.S.A., which could be dissolved irrespective of the marriage status....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 87223
...nd to make, execute, and deliver instruments of every character without the joinder or consent of her husband in all respects as fully as if she were unmarried. A married woman in Florida cannot only contract; she can even contract with her husband. § 708.09, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2015 WL 1809314
...Newborn and the Trustee stipulated to entry of a judgment against the Trustee for the conspiracy count. The stipulation left the issue of attorneys’ fees unresolved, providing that “all claims and defenses related to entitlement and amount of any attorneys’ fee claim under Fla. Stat. 708.09 [sic] ......
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4863
estate by entirety. Florida has also adopted F.S.A. §
708.09 authorizing the execution of contracts between
CopyPublished | District Court of Appeal of Florida
...rior to enactment of Married Woman’s Emancipation Act, agreement was not binding upon wife who survived husband, and wife could revoke will she had executed pursuant to agreement and could execute new will disposing of property differently. F.S.A. § 708.09.” The Judge of the lower court sustained a mo.tion to dismiss the complaint of the appellant, as....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6688
...he Hagerty rule as against that in Glasser, as follows: “Today, we again state our preference for the holding given in Hagerty, supra. We move in this direction, and away from the suggestion in Glasser, supra, because of the existence of Fla.Stat. § 708.09 F.S.A....
...cy is one held by the entireties.” The Supreme Court then quashed the opinion of the District Court of Appeal and remanded the cause for further proceedings. The heart of the decision in the Hector Supply case is, as we read it, the fact that Sec. 708.09, Florida Statutes, F.S.A....
CopyPublished | District Court, N.D. Florida | 43 A.F.T.R. (P-H) 301, 1953 U.S. Dist. LEXIS 3215
...During this period plaintiff could not take his wife into the apothecary operations due to her disabilities of coverture under Florida law. The 1943 Legislature removed the disabilities of coverture to the extent of expressly authorizing a husband and wife partnership. See, Section 708.09, F.S.A....
CopyPublished | District Court of Appeal of Florida
partner of her husband or others, * * * ” Section 708.-09, Florida Statutes, F.S.A. These powers and
