Florida Statute 732.7025 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.7025

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.

History.—s. 1, ch. 2018-22.

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Amendments to 732.7025

Annotations, Discussions, Cases:

Cases Citing Statute 732.7025

Total Results: 7

Jorge Mendia v. Abraham Figueroa Galvez

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209990

Published

spousal rights through contracts and agreements); § 732.7025, Fla. Stat. (setting forth waiver of homestead

James E. Rogers v. Guardianship Program of Dade County, Inc.

District Court of Appeal of Florida | Filed: Mar 12, 2025 | Docket: 69729030

Published

to waive homestead rights as required by section 732.7025, Florida Statutes. The Guardianship Program

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913248

Published

702, Fla. Stat. Waiver of spousal rights. § 732.7025, Fla. Stat. Waiver of homestead rights by deed

WILLIAM THAYER and LOUISE A. JEFFERSON v. DORIS D. HAWTHORN

District Court of Appeal of Florida | Filed: Jun 21, 2023 | Docket: 67174380

Published

provide guidance, the Legislature enacted section 732.7025, Florida Statutes (2018), providing that a

WILLIAM THAYER and LOUISE A. JEFFERSON v. DORIS D. HAWTHORN

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 67174380

Published

provide guidance, the Legislature enacted section 732.7025, Florida Statutes (2018), providing that a

ALBERT RALPH ISAACS, etc. v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, etc.

District Court of Appeal of Florida | Filed: Dec 14, 2022 | Docket: 66635745

Published

allowing restraint on devise this way); with § 732.7025, Fla. Stat. (2018) (providing that “[a] spouse

ROBERT FELDMAN, etc. v. JEFFREY SCHOCKET

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65363928

Published

benefit of the waiving spouse. Id.; see also § 732.7025(1), Fla. Stat. (2022) (“A spouse waives his