I have read that the spouse of a grantor of homestead property has to "join in" a deed of the property. Is that true? If so, when does this rule apply, i.e. does it only apply to certain properties that are considered "homesteads", or does it apply to all properties? If a homestead property is deeded without the signature of the spouse, what then? Is the deed void?
Thank you to everyone who answered. Is there any way I can find out whether a homestead declaration was filed with the tax collector? Is that a public record at the county recorder? Will the tax collector give me the document if I ask for it?
Estate Planning Attorney
I would have to disagree with one of the answers above stating that you must file for the tax designation in order for the homestead to be established. Homestead protection falls in to three classes: 1) Protection from creditors both during and after lifetime, 2) Tax exemption, and 3) Protections for spouses and minor children with restrictions on conveyances, devises, and alienation. You can have homestead property that does not (for whatever reason) have the tax exemption. In this situation, I would contact a real estate attorney to determine the exact nature of the ownership to determine whether joinder by the spouse is necessary.
Yes in Flirida In Florida if the property is your primary residence homestead yes the spouse needs to sign otherwise you would include language in the deed stating that it is not the spouses property or primary residence and the primary residence of the spouse is and then you fill in the address
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
Yes, the Florida Constitution requires that the spouse must join in the sale or mortgage of homestead property. A deed in which the spouse does not join is void. The requirement applies only to homestead property, and a person can have only one homestead. Since it is not always clear from the public records which property is homestead, on deeds of non-homestead property it is a good idea either for the spouse to join or for the deed to clearly indicate that the property is not the homestead of the grantor. If you have questions about deeding a specific property, you should consult an experienced real estate lawyer in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
In addition to what my colleagues have already pointed out, "homestead" is a legal term. It does not automatically come about by virtue of living in a particular piece of property. To obtain a designation of "homestead" you would have to file for such with the tax collector's office. Any properties not so designated MAY be sold by a spouse if they are the only ones on the deed. Have a real estate attorney review your deed to the property of concern so they can advise you of any options for recovery of the property you may have.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : firstname.lastname@example.org : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.