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The Florida Senate

2012 Florida Statutes

Title XL REAL AND PERSONAL PROPERTY
Chapter 708
MARRIED WOMEN'S PROPERTY
CHAPTER 708
CHAPTER 708
MARRIED WOMEN’S PROPERTY
708.05 Husband not liable for antenuptial debts of wife.
708.08 Married women’s rights; separate property.
708.09 Married women’s rights; agreements with husband, power of attorney, etc.
708.10 Married women’s rights; construction of law.
708.05 Husband not liable for antenuptial debts of wife.—The husband shall not be liable to pay the debts of the wife contracted before marriage, but the property of the wife shall be subject to such debts.
History.—s. 5, March 6, 1845; RS 2073; GS 2591; RGS 3950; CGL 5869.
708.08 Married women’s rights; separate property.—
(1) Every married woman is empowered to take charge of and manage and control her separate property, to contract and to be contracted with, to sue and be sued, to sell, convey, transfer, mortgage, use, and pledge her real and personal property and 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. Every married woman has and may exercise all rights and powers with respect to her separate property, income, and earnings and may enter into, obligate herself to perform, and enforce contracts or undertakings to the same extent and in like manner as if she were unmarried and without the joinder or consent of her husband. All conveyances, contracts, transfers, or mortgages of real property or any interest in it executed by a married woman without the joinder of her husband before or after the effective date of the 1968 Constitution of Florida are as valid and effective as though the husband had joined.
(2) Any married woman who conveyed or mortgaged her separate real property without the joinder of her husband before the effective date of the 1968 State Constitution, and any person claiming by, through, or under her, shall have 2 years after June 2, 1983, to file a notice of lis pendens and to bring an action based on the nonjoinder of the husband contesting the validity of any such conveyance or mortgage; and, if the action is not brought and a notice of lis pendens is not filed within the time allowed, she, and any person claiming by, through, or under her, shall be forever barred from bringing an action to contest the validity of the conveyance or mortgage. This subsection shall not be construed to revive any action that has been barred.
History.—s. 1, ch. 21932, 1943; s. 2, ch. 70-4; s. 1, ch. 83-67.
708.09 Married women’s rights; agreements with husband, power of attorney, etc.—Every married woman may enter into agreements and contracts with her husband, may become the partner of her husband or others, may give a power of attorney to her husband, and may execute powers conferred upon her by her husband, including the power to execute and acknowledge all instruments, including relinquishments of dower, conveying, transferring, or encumbering property, or any interest in it, owned by her, or by herself and her husband as tenants by the entirety, or by her husband. All powers of attorney heretofore executed by a wife to her husband and vice versa, and the execution of all documents executed thereunder, are hereby validated and confirmed.
History.—s. 1, ch. 21696, 1943; s. 2, ch. 21932, 1943; s. 3, ch. 70-4.
708.10 Married women’s rights; construction of law.—This law shall not be construed as:
(1) Relieving a husband from any duty of supporting and maintaining his wife and children;
(2) Abolishing estates by the entireties or any of the incidents thereof;
(3) Abolishing dower or any of the incidents thereof;
(4) Changing the rights of either husband or wife to participate in the distribution of the estate of the other upon his death, as may now or hereafter be provided by law;
(5) Dispensing with the joinder of husband and wife in conveying or mortgaging homestead property.
History.—s. 3, ch. 21932, 1943.