Florida Statute 732.7025
“Waiver of homestead rights through deed”
What it means
Section 732.7025(1) provides that 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 statutory waiver sentence, or substantially similar language, is included in a deed. The sentence is quoted below under the excerpts.
Subsection (2) limits the effect. The waiver language may not be considered a waiver of the protection against the owner's creditor claims during the owner's lifetime and after death. It also 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.
- The waiver language is included in a deed (§ 732.7025(1)).
- The statutory sentence or substantially similar language suffices (§ 732.7025(1)).
- It waives surviving-spouse rights as to the devise restrictions under s. 4(c), Art. X, State Constitution (§ 732.7025(1)).
- It is not a waiver of protection against the owner's creditor claims, during life or after death (§ 732.7025(2)).
- It is not a waiver of the restrictions against alienation; mortgage, sale, gift, or deed still require the spouse's joinder (§ 732.7025(2)).
Text of the statute (2026)
(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.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.7025.
History. s. 1, ch. 2018-22.
How it applies
The section addresses one thing: the devise restriction. Whether a deed waives it depends on whether the deed contains the statutory sentence or substantially similar language. Section 732.702 separately governs waivers of other spousal rights, including homestead, by a written agreement signed before two subscribing witnesses. Under subsection (2), the deed language does not remove creditor protection or the requirement of spousal joinder in a mortgage, sale, gift, or deed.
Questions people ask
Sources
- Fla. Stat. § 732.7025 (2026) (Entire section: subsections (1)-(2).)
- Fla. Stat. § 732.702 (2026) (Waiver of spousal rights, including homestead, by written agreement signed before two subscribing witnesses.)
Last checked: October 17, 2026
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