Florida’s homestead law offers strong protections for your primary residence, but it also comes with restrictions that surprise many people during estate planning.
If you’re married, Florida law generally prevents you from leaving your homestead to anyone other than your spouse, unless your spouse waives that right in writing (usually through a prenuptial or postnuptial agreement). Even a properly drafted will can’t override this protection in most cases.
If you have minor children, similar restrictions apply — you generally cannot leave the homestead away from your spouse and minor children, regardless of what your will says.
These rules exist to protect surviving spouses and children from losing the family home, but they can complicate blended-family situations, second marriages, or anyone hoping to leave the home to someone outside their immediate family.
There are tools, like Lady Bird deeds, that can work alongside homestead protections to direct where the home goes after both spouses pass away.
If you own a home in Florida, it’s worth having an attorney review exactly how homestead law applies to your specific family structure — the rules are stricter than many people expect.
