Legal Question in Wills and Trusts in Florida

Are the dower rights still enforce in Florida? I bought a property while not married. I am refinancing that property now marrried and my lender is saying that she has to sign off her dower rights.


Asked on 4/28/10, 2:45 pm

3 Answers from Attorneys
Kellen Bryant Law Office of R. Kellen Bryant, P.L.

The dower has been abolished in Florida. What your lender likely means is that a married person cannot devise a homestead without the other spouse's signature.

Read more
Answered on 5/04/10, 4:38 am
Frank J. Pyle Probate Attorney Throughout Florida

Mr. Bryant meant that a married person cannon TRANSFER (sell, exchange, etc.), refinance, or otherwise encumber his or her homestead without the other spouse joining in the action in writing.

Read more
Answered on 5/04/10, 11:45 am
Lesly Longa Longa Law P.A.

No, but when you buy a house as a married couple you own it as a tenancy by the entireties. Both husband and wife have homestead rights. That means you can't do anything to the homestead without your wife's permission. Regards,

Read more
Answered on 5/04/10, 1:26 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida