(1) A conveyance of real estate, including homestead, made by one spouse to the other shall convey the legal title to the grantee spouse in all cases in which it would be effectual if the parties were not married, and the grantee need not execute the conveyance. An estate by the entirety may be created by the action of the spouse holding title:
(a) Conveying to the other by a deed in which the purpose to create the estate is stated; or
(b) Conveying to both spouses.
(2) All deeds heretofore made by a husband direct to his wife or by a wife direct to her husband are hereby validated and made as effectual to convey the title as they would have been were the parties not married;
(3) Provided, that nothing herein shall be construed as validating any deed made for the purpose, or that operates to defraud any creditor or to avoid payment of any legal debt or claim; and
(4) Provided further that this section shall not apply to any conveyance heretofore made, the validity of which shall be contested by suit commenced within 1 year of the effective date of this law.
History.—s. 1, ch. 5147, 1903; GS 2457; RGS 3797; CGL 5670; s. 6, ch. 20954, 1941; s. 1, ch. 23964, 1947; s. 1, ch. 71-54.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 689 - Conveyances of Land and Declarations of Trust
689.01 - How Real Estate Conveyed.
689.02 - Form of Warranty Deed Prescribed.
689.041 - Curative Procedure for Scrivener’s Errors in Deeds.
689.045 - Conveyances to or by Partnership.
689.05 - How Declarations of Trust Proved.
689.06 - How Trust Estate Conveyed.
689.071 - Florida Land Trust Act.
689.073 - Powers Conferred on Trustee in Recorded Instrument.
689.075 - Inter Vivos Trusts; Powers Retained by Settlor.
689.08 - Fines and Common Recoveries.
689.09 - Deeds Under Statute of Uses.
689.10 - Words of Limitation and the Words “Fee Simple” Dispensed With.
689.11 - Conveyances Between Husband and Wife Direct; Homestead.
689.111 - Conveyances of Homestead; Power of Attorney.
689.115 - Estate by the Entirety in Mortgage Made or Assigned to Husband and Wife.
689.12 - How State Lands Conveyed for Educational Purposes.
689.15 - Estates by Survivorship.
689.17 - Rule in Shelley’s Case Abolished.
689.175 - Worthier Title Doctrine Abolished.
689.18 - Reverter or Forfeiture Provisions, Limitations; Exceptions.
689.19 - Variances of Names in Recorded Instruments.
689.20 - Limitation on Use of Word “minerals.”
689.225 - Statutory Rule Against Perpetuities.
689.261 - Sale of Residential Property; Disclosure of Ad Valorem Taxes to Prospective Purchaser.
689.27 - Termination by Servicemember of Agreement to Purchase Real Property.
689.28 - Prohibition Against Transfer Fee Covenants.
689.29 - Disclosure of Subsurface Rights to Prospective Purchaser.
689.301 - Disclosure of Known Defects in Sanitary Sewer Laterals to Prospective Purchaser.