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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 16110
Experience:  Licensed Texas General Practice Attorney
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I'm trying to find an answer to a question regarding Homestead

Customer Question

I'm trying to find an answer to a question regarding Homestead Rights and a prenuptial agreement
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
When a prenuptial agreement is signed that waives homestead rights, can the "waiving" spouse be forced to leave the home before the divorce is final? Or do they retain the homestead rights until the divorce is complete?
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. Can you tell me what state this is in?
Expert:  ScottyMacEsq replied 1 year ago.
Did you see my follow up question to your issue?
Customer: replied 1 year ago.
Yes, but it took me a while to figure out how to answer your question. The page that the link was sending me to was not able to give any input. Sorry, I thought that I had entered the state on the form.This is in Florida.
Expert:  ScottyMacEsq replied 1 year ago.
Homestead rights pertain to the ability to remain in the property upon death. It's in article X, section 4, Florida Constitution: (c) The homestead shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the owner's spouse if there be no minor child. The "marital home", and the ability to stay in the home until a court order grants the other spouse the sole right to stay there, is a different concept than homestead rights. So while they don't "retain" homestead rights at all (as they're waived), that has no bearing on their ability to stay during a divorce. They can still stay until ordered to leave by a court order (which may or may not happen). Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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