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Florida Statute 689.11 | Lawyer Caselaw & Research
F.S. 689.11 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 689.11

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST
View Entire Chapter
F.S. 689.11
689.11 Conveyances between husband and wife direct; homestead.
(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.

F.S. 689.11 on Google Scholar

F.S. 689.11 on Casetext

Amendments to 689.11


Arrestable Offenses / Crimes under Fla. Stat. 689.11
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.11.



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. E. MORALES, In M., 36 F. Supp. 3d 1276 (M.D. Fla. 2014)

. . . . § 689.11(1). . . .

BRIDGEVIEW BANK GROUP, v. P. CALLAGHAN,, 84 So. 3d 1154 (Fla. Dist. Ct. App. 2012)

. . . See § 689.11, Fla. Stat.; Hunt v. Covington, 145 Fla. 706, 200 So. 76 (1941). . . .

CLEMONS Jr. v. M. THORNTON,, 993 So. 2d 1054 (Fla. Dist. Ct. App. 2008)

. . . Like the provision on the books today, section 689.11, Florida Statutes (1993), allowed conveyances of . . .

LOWE, v. BROWARD COUNTY,, 766 So. 2d 1199 (Fla. Dist. Ct. App. 2000)

. . . . § 689.11); the right to rehabilitative or permanent alimony in a proceeding for the dissolution of . . .

N. NORDMAN, v. E. McCORMICK,, 715 So. 2d 310 (Fla. Dist. Ct. App. 1998)

. . . The trial court erred in invoking section 689.11, Florida .Statutes (1995) to validate the 1917 deed . . .

V. SIGMUND, Jr. C. v. ELDER, Sr. V., 631 So. 2d 329 (Fla. Dist. Ct. App. 1994)

. . . must reject appellants’ argument that the void deed of 1962 is resurrected by operation of section 689.11 . . . While it is true that there is no mention in section 689.11 of a requirement that both spouses must join . . .

In WARE, a k a d b a WARE, a k a d b a v. MI, Su Mi,, 99 B.R. 103 (Bankr. M.D. Fla. 1989)

. . . . § 689.11, cf. Russell at 193. The Court distinguishes this case from Bendl v. . . .

C. CHAPMAN, v. CHAPMAN, M. III,, 526 So. 2d 131 (Fla. Dist. Ct. App. 1988)

. . . retroactively to affect the 1955 deed at issue in this case, see Robbins, 411 So.2d at 1025, nor can section 689.11 . . .

In MANICURE, In RINGLEY,, 29 B.R. 248 (Bankr. W.D. Va. 1983)

. . . Florida Statute § 689.11(1), as amended, provides in pertinent part: (1) ... an estate by the entirety . . .

L. NELSON, v. L. BOYER L., 412 So. 2d 31 (Fla. Dist. Ct. App. 1982)

. . . The deed was executed pursuant to section 689.11, Florida Statutes (1961), in an effort to create an . . . Even though the deed was executed pursuant to section 689.11, Florida Statutes (1961), which permits . . .

ROBBINS v. ROBBINS, 411 So. 2d 1024 (Fla. Dist. Ct. App. 1982)

. . . In addition, we reject appellees argument that section 689.11, Florida Statutes (1981) modifies the constitutional . . .

E. STOTTLEMYER, v. E. STOTTLEMYER,, 386 So. 2d 858 (Fla. Dist. Ct. App. 1980)

. . . Thus, the provision of Section 689.11(1), Florida Statutes (1977), to the contrary was declared unconstitutional . . .

J. JAMESON v. JAMESON, II,, 387 So. 2d 351 (Fla. 1980)

. . . article X, section 4(c), of the Florida Constitution, to require spouse joinder and declared section 689.11 . . . owned homestead property to the husband and wife as tenants by the entirety, and find that section 689.11 . . . construction and interpretation of the constitutional provision is in complete harmony with section 689.11 . . .

J. JAMESON v. JAMESON, II,, 369 So. 2d 436 (Fla. Dist. Ct. App. 1979)

. . . However, the Legislature enacted Section 689.11(1), Florida Statutes (1971), which provided as follows . . . Section 689.11(1), supra, appears' to negate the constitutional provision requiring joinder by the spouse . . . ruling to the Supreme Court it reversed the District Court and upheld the constitutionality of Section 689.11 . . .

ROBBINS v. ROBBINS, 360 So. 2d 10 (Fla. Dist. Ct. App. 1978)

. . . Appellees/defendants argue that subsection 2 of Section 689.11, Florida Statutes (1977) validates the . . . Accordingly, we hold that Section 689.11(2) does not apply to a homestead deed which is void ab initio . . . If we applied Section 689.11(2) as suggested by appellees, we would abrogate the constitutional protection . . .

LIBERMAN M. v. KELSO,, 354 So. 2d 137 (Fla. Dist. Ct. App. 1978)

. . . See Section 689.11, Florida Statutes (1975); cf. Meyer v. Faust, 83 So.2d 847 (Fla.1955). . . .

WILLIAMS, v. FOERSTER,, 335 So. 2d 810 (Fla. 1976)

. . . District Court of Appeal reported at 300 So.2d 33 (Fla.App. 1st 1974), which declared part of Section 689.11 . . . the deed was valid even if she did not join her husband in its execution by the operation of Section 689.11 . . . We agree with the appellant that the District Court erred in holding Section 689.11, Florida Statutes . . .

STATE DEPARTMENT OF COMMERCE, DIVISION OF EMPLOYMENT SECURITY, v. LOWERY,, 333 So. 2d 495 (Fla. Dist. Ct. App. 1976)

. . . Defendants concede also that under Section 689.11, Florida Statutes, a conveyance by husband to wife . . .

M. VAZQUEZ v. SANTISTEBAN, 334 So. 2d 97 (Fla. Dist. Ct. App. 1976)

. . . Section 689.11 of the Florida Statutes authorizes a direct conveyance from a husband to himself and his . . .

FOERSTER, v. FOERSTER,, 300 So. 2d 33 (Fla. Dist. Ct. App. 1974)

. . . was valid even if she did not join her husband in the execution of the deed by operation of Section 689.11 . . . Prior to the enactment of Chapter 71-54, Laws of Florida, 1971, Section 689.11(1), Florida Statutes, . . .

In ESTATE W. HILEY,, 262 So. 2d 476 (Fla. Dist. Ct. App. 1972)

. . . The current statute referred to is Ch. 689.11, F.S.1969, F.S.A. . . .

D. HODGSON, v. N. A. HOTARD, d b a, 436 F.2d 1110 (5th Cir. 1971)

. . . . § 689.11(1), (3). . . .

H. MOORE v. E. MOORE,, 237 So. 2d 217 (Fla. Dist. Ct. App. 1970)

. . . Section 689.11(1), F.S.A., permitting creation of estates by the entireties by deed from husband to wife . . . Section 689.11, F.S.A., Conveyances between husband and wife direct.— (1) A conveyance of real estate . . .

SNOW, v. MATHEWS, a, 190 So. 2d 50 (Fla. Dist. Ct. App. 1966)

. . . . § 689.11 by permitting direct conveyances between husband and wife, including property held in estate . . .

MEDWIN BENJAMIN, D B A BENJAMIN S FOR MOTORS MEDWIN BENJAMIN, D B A MILL BASIN REPAIR COMPANY AND MEDWIN BENJAMIN, INDIVIDUALLY v. THE UNITED STATES, 172 Ct. Cl. 118 (Cl. Ct. 1965)

. . . purchase from WAA (sales document 2508365) a fourth group of 82 identical engines at a unit price of $689.11 . . .

B. MOOREFIELD, v. M. BYRNE, Jr. A., 140 So. 2d 876 (Fla. Dist. Ct. App. 1962)

. . . Section 689.11, Fla.Stat., F.S.A., permitting creation of estates by the entireties by deed from a husband . . .

V. REED M. v. FAIN,, 145 So. 2d 858 (Fla. 1961)

. . . Section 689.11, F.S.A.) is not applicable to “homestead real estate”. . . .

LITTLE RIVER BANK TRUST COMPANY, D. A. v. M. EASTMAN,, 105 So. 2d 912 (Fla. Dist. Ct. App. 1958)

. . . Section 689.11, Fla. . . .

M. SCHULER, v. CLAUGHTON, N. N. Jr., 248 F.2d 528 (5th Cir. 1957)

. . . Shortly thereafter the Florida Legislature passed Section 689.11 of Florida Statutes, F.S.A., which codified . . . There is no question under Section 689.11 that one spouse can convey to another an interest in real property . . . But the contention of the plaintiff herein is that the amendment to Section 689.11 passed by the Legislature . . . “When Section 689.11 of Florida Statutes was passed in its original form in 1941, without any mention . . .

WILLIAM ESTEP DORA L. ESTEP, v. MARIE WERNER HERRING, 154 Fla. 653 (Fla. 1944)

. . . his wife amounted to a severance of the lots so described from the homestead and that under Section 689.11 . . . We do not think Section 689.11, Florida Statutes, 1941, affects the conveyance of the homestead property . . .