Florida Homestead Protection: Devise Limits, Spouse Waivers and Selling

Last updated November 14, 2026. Citations come from the Florida statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

Florida homestead is exempt from forced sale under court process, and it cannot be devised if the owner is survived by a spouse or minor child, with limited exceptions. A spouse who must join the deed has specific waiver language under Sec. 732.702.

Forced sale and devise limits

• Homestead is exempt from forced sale under court process, with no judgment, decree or execution a lien on it, except for taxes and assessments, obligations contracted for purchase, improvement or repair, or labor performed on the realty; protected area is 160 contiguous acres outside a municipality or one-half acre within a municipality, plus personal property to the value of $1,000. (Fla. Const. Art. X Sec. 4(a))
• The homestead shall not be subject to devise if the owner is survived by a spouse or minor child, except the homestead may be devised to the owner's spouse if there is no minor child. (Fla. Const. Art. X Sec. 4(c); Fla. Stat. Sec. 732.4015(1))
• For this purpose a trust disposition counts as a devise: 'Devise' includes a disposition by trust of the portion of the trust estate that would be the grantor's homestead. (Fla. Stat. Sec. 732.4015(2)(b))

Spouse waivers and descent

• A spouse waives surviving-spouse devise-restriction rights if the deed includes language substantially like: '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.' (Fla. Stat. Sec. 732.7025(1)).
• That waiver language is not a waiver of the protection against creditor claims, and not a waiver of the restriction against alienation by mortgage, sale, gift or deed without the joinder of the owner's spouse. (Fla. Stat. Sec. 732.7025(2))
• If homestead is not devised, it descends as intestate property; with a spouse and descendants the spouse takes a life estate with a vested remainder in the descendants, or may elect within 6 months a one-half tenancy in common interest by recording a notice. (Fla. Stat. Sec. 732.401(1)-(2))

Divorce and spouses

• In a divorce, the court sets apart nonmarital assets and, in distributing marital assets, 'must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors'; one factor is retaining the marital home for a dependent child when equitable and financially feasible. (Fla. Stat. Sec. 61.075(1), (1)(h))
• Marital assets include assets acquired during the marriage and the paydown of principal on a note and mortgage secured by nonmarital real property from marital funds; real property held as tenants by the entireties is presumed marital. (Fla. Stat. Sec. 61.075(6)(a))
• An interspousal gift of real property requires a writing that complies with s. 689.01; a spouse joining a deed solely to convey homestead to someone other than the other spouse does not change the property's character to marital. (Fla. Stat. Sec. 61.075(6)(a)1.d)
• Doc stamp tax does not apply to a deed between spouses or former spouses pursuant to a dissolution of marriage where the property is the marital home. (Fla. Stat. Sec. 201.02(7)(a))

What we could not confirm

• Medicaid and creditor protection beyond the constitution not opened.
• Whether a lady bird deed or trust avoids the devise restriction for homestead was not confirmed from an official source.
• Subsection numbering for 61.075 items is taken from the extracted text; verify on the live page before citing a pinpoint.

How to sell a house in Florida when this applies to you

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Florida.

Florida Homestead Protection FAQ

Is Florida homestead protected from creditors?

Yes, from forced sale under court process, with exceptions for taxes and assessments, purchase or improvement obligations, and labor on the property (Const. art. X, Sec. 4).

Can a spouse waive homestead devise rights?

Yes, by language in a deed or other writing that substantially tracks Sec. 732.702. It does not waive creditor protection or the restriction on alienation.

Does a spouse have to sign a deed on homestead?

Whether a spouse must join the deed depends on your facts, so ask a title company or Florida attorney. The statute we reviewed says a spouse joining a deed solely to convey homestead does not make the property marital (Sec. 61.075).

Can I sell my Florida house as-is?

Yes. A cash buyer purchases as-is, and the title company pays any mortgage and unpaid property tax from the proceeds at closing.

Sources

• Fla. Stat. Sec. 732.4015(1)
• Fla. Stat. Sec. 732.401(1), (5)
• Fla. Const. Art. VII Sec. 5(a)
• Fla. Stat. Sec. 201.02(1)(a)
• Fla. Stat. Sec. 732.7025(1)
• Fla. Stat. Sec. 61.075(1), (1)(h)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Florida Florida attorney or tax professional.