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Florida Exemptions, Laws and Statutes Florida Homestead Services - Florida Homestead Exemption Act Forum / Florida Exemptions, Laws and Statutes /  

Protection to surviving spouse or minor child

Author Tyron
Participant Male

#1 | Posted: 9 Nov 2011 23:46 
The provision also protects a spouse in several ways. First, it restrains the homeowner from conveying the property without the approval of their spouse, even if the property is entirely in the name of one spouse, or was purchased entirely from funds of one spouse. The provision also prohibits a spouse from devising the property by will, if the homeowner is survived by a spouse or a minor child. A spouse may waive these rights with respect to the will, but a minor child is not competent to do so. Finally, the homestead exemption automatically attaches to the surviving spouse, so the property will never be exposed to the creditors of either spouse because of the death of the other.

Florida Exemptions, Laws and Statutes Florida Homestead Services - Florida Homestead Exemption Act Forum / Florida Exemptions, Laws and Statutes /
Protection to surviving spouse or minor child
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