ENROLLED
       2018 Legislature                                   CS for SB 512
       
       
       
       
       
       
                                                              2018512er
    1  
    2         An act relating to homestead waivers; creating s.
    3         732.7025, F.S.; providing language that may be used to
    4         waive spousal homestead rights concerning devise
    5         restrictions; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Section 732.7025, Florida Statutes, is created
   10  to read:
   11         732.7025 Waiver of homestead rights through deed.—
   12         (1) A spouse waives his or her rights as a surviving spouse
   13  with respect to the devise restrictions under s. 4(c), Art. X of
   14  the State Constitution if the following or substantially similar
   15  language is included in a deed:
   16  
   17         “By executing or joining this deed, I intend to waive
   18  homestead rights that would otherwise prevent my spouse from
   19  devising the homestead property described in this deed to
   20  someone other than me.”
   21  
   22         (2) The waiver language in subsection (1) may not be
   23  considered a waiver of the protection against the owner’s
   24  creditor claims during the owner’s lifetime and after death.
   25  Such language may not be considered a waiver of the restrictions
   26  against alienation by mortgage, sale, gift, or deed without the
   27  joinder of the owner’s spouse.
   28         Section 2. This act shall take effect July 1, 2018.