As a Florida real estate attorney, one topic that I am commonly asked about is homestead. One question frequently asked by clients is:

Is it possible for their spouse to waive his/her homestead rights? If so, how?”

Why Would a Spouse Waive Homestead Rights?

More often than not, one spouse has already provided for the other spouse through their estate planning documents, insurance policies, or payable on death accounts and would like to devise their homestead per their testamentary wishes.

The issue here arises from the fact that the Florida Constitution restricts either spouses’ ability to devise their homestead in their will. For example, if Spouse A wants to leave his homestead to his brother (instead of his spouse), he cannot leave his homestead to his brother in his will if he is survived by his spouse or minor child.

So what then happens when Spouse A has no minor children, and Spouse B wants to waive his/her rights in the homestead?

Florida Senate Bill 512


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