Homestead Waiver Case Withdrawn [Florida]


On March 19, 2010, I commented on the Habeeb case. In that case, a Florida appellate court ruled that the entry of a spouse into a deed that transferred the spouse's ownership interest in a homestead to the other spouse was sufficient for that spouse to waive his remaining homestead rights in the property.

I commented that for various reasons, this appeared to be a questionable conclusion, due to Florida requirements for written waivers of homestead rights and fair disclosure of assets for a valid waiver.

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