Is a Postnuptial Agreement Enough to Waive a Spouse’s Florida Homestead Rights?
If you are married and own your home, Florida’s Constitution protects your spouse’s right to continue living on the property after you die. This homestead protection applies even if your spouse was not a co-owner of the property. And while a spouse can waive their homestead rights, it must be done in a way that strictly complies with Florida law. At Bleakley Bavol Denman & Grace, our Tampa estate planning attorneys can advise you and your spouse on this and other critical subjects related to your family’s financial future.
Florida Courts Invalidates Wife’s Transfer of Marital Home to Cousin
One way a spouse can waive their Florida homestead rights is through a prenuptial or postnuptial agreement. Again, it is critical to understand that courts look for specific language when determining whether or not a spouse has made an effective waiver. Simply including a broad waiver of rights is often insufficient to satisfy Florida’s constitutional and statutory requirements.
This came up in a recent decision from the Florida Third District Court of Appeals, Mendia v. Galvez. This case arose from the 59-year marriage of a husband and wife who emigrated to Florida to Cuba. The parties purchased a home in Florida and lived there together until the wife’s death in 2021 at the age of 85.
Initially, the husband and wife co-owned their marital home. But in 1998, the couple signed a postnuptial agreement. The husband developed a serious gambling addiction, and the postnuptial agreement was meant to protect the couple’s finances by declaring the wife the “sole owner of the marital property,” including their residence.
The agreement required the husband to transfer his interest in the home to the wife. According to the specific language of the agreement, the husband stated he was “relinquishing all title and interest in the marital home described above and forever waives any right and or interest in the marital home” in the event of a divorce.
The husband complied with the agreement and signed a quitclaim deed transferring his interest in the house to the wife. Just before the wife’s death in 2021, she executed a second deed transferring the home to her cousin. After the wife died, the cousin asserted his rights as the new owner.
The husband, acting as personal representative of his wife’s estate, asked the probate court to determine his homestead rights. The probate court determined that the husband had not waived his rights, either through the postnuptial agreement or the subsequent quitclaim deed, neither of which mentioned homestead rights. Indeed, the Third District noted that the husband’s postnuptial waiver was meant to cover a scenario where the parties divorced, not where one of them died. As such, the Third District agreed with the probate court’s ruling in favor of the husband, which invalidated the wife’s deed transferring the property.
Contact a Tampa Estate Litigation Attorney Today
Establishing homestead and other property rights following a person’s death is just one of many subjects that can lead to estate litigation. At Bleakley Bavol Denman & Grace, our Tampa estate litigation attorneys can assist you in addressing and resolving these kinds of disputes. Call us today at (813) 221-3759 or contact us online to schedule a consultation and to get more information.
Source:
scholar.google.com/scholar_case?case=675253805680531151
