Can a Spouse Claim Homestead in Florida If They Are Not on the Deed?

Florida’s homestead laws are some of the strongest in the country, designed to protect the family home. But what if only one spouse’s name is on the title? Can the other spouse still claim homestead rights? The short answer: yes, in many cases they can.

Homestead Protection in Florida

Under the Florida Constitution, a primary residence qualifies as a homestead. This status provides valuable protections, including:

• Exemption from forced sale by most creditors.

• Property tax benefits.

• Special rules for transfer at death.

Spousal Rights Even Without Title

Even if a spouse’s name does not appear on the deed, Florida law gives them certain homestead rights. For example:

• During life: One spouse cannot sell, mortgage, or transfer the homestead property without the other spouse’s consent—even if the property is titled in only one spouse’s name.

• At death: If the titled spouse passes away, the surviving spouse may be entitled to inherit the home, a life estate, or a one-half ownership interest, depending on the circumstances and whether there are minor children.

  
  

Why This Matters

These protections prevent a spouse from being left without a home, even if they were not included on the title. However, how these rights apply can depend on the family situation, whether there is a will, and if there are children from another relationship.

Legal Guidance Is Key

Florida’s homestead rules can be complex, and mistakes in planning may create unexpected consequences. If you or your spouse own property in Florida, it’s important to review your estate plan to ensure your wishes are carried out and your family is protected.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.