By Jeffrey T. Donner, Esq.

Florida’s constitutional homestead protections are among the strongest in the country. They protect families not only from forced sale and certain creditors, but also from improper transfers during life and at death.

In Mendia v. Galvez, 418 So. 3d 838 (Fla. 3d DCA 2025), the Third District Court of Appeal reaffirmed just how strict those protections are — and how difficult it is to waive them. The case serves as a cautionary tale for anyone relying on old marital agreements or informal deed transfers involving homestead property.

The court held that a quitclaim deed executed without spousal joinder was void ab initio — even though the spouse had previously signed a post-nuptial agreement and a quitclaim deed decades earlier.

This decision underscores three key principles:

• Homestead alienation requires strict constitutional compliance.
• Waiver of homestead rights must be explicit and specific.
• A defective homestead transfer is not merely voidable — it is void from the outset.

The Facts Behind the Dispute

Abraham Figueroa Galvez and his wife, Magali Figueroa, married in 1961. After relocating to the United States, they purchased a Miami home, which became their homestead.

In 1998, because of the husband’s gambling issues, the couple executed a post-nuptial agreement. The agreement provided that the wife would become sole owner of the marital home. On the same day, the husband executed a quitclaim deed transferring his interest in the property to her.

Notably, neither document specifically referenced homestead rights or spousal waiver of constitutional protections.

More than twenty years later, in 2021, the wife executed another quitclaim deed — this time transferring the property to her second cousin. The husband did not sign the deed, did not join in the conveyance, and apparently was unaware of it.

Two months later, the wife died intestate. She and her husband had been married for nearly sixty years and were still living together in the home.

The cousin claimed ownership. The husband, appointed personal representative of the estate, filed suit to invalidate the 2021 deed as a violation of Article X, section 4 of the Florida Constitution.

The trial court granted summary judgment in favor of the husband. The Third District affirmed.

Florida’s Constitutional Homestead Protection

Article X, section 4(c) of the Florida Constitution provides that:

• Homestead may not be devised if the owner is survived by a spouse or minor child (with limited exceptions).
• A married owner may alienate homestead property only if joined by the spouse.

This joinder requirement is not a technicality. It is a constitutional mandate designed to protect surviving spouses and dependent family members. Courts repeatedly emphasize that homestead protections must be liberally construed in favor of the surviving spouse.

A transfer of homestead property that fails to comply with these constitutional requirements is void — not merely voidable.

The Core Legal Question: Did the Husband Waive His Homestead Rights?

The cousin argued that the husband had waived his homestead rights in 1998 when he:

1. Signed the post-nuptial agreement transferring his interest to his wife; and
2. Executed the 1998 quitclaim deed.

The Third District disagreed.

At the time those documents were executed, section 732.702, Florida Statutes (1998), governed waiver of spousal rights. That statute allowed waiver by written agreement, but courts interpreting it required clear and specific language referencing homestead or related hereditary rights.

The post-nuptial agreement stated that the husband waived rights “on a subsequent dissolution of marriage proceedings, if any.” The court held that this language was limited to divorce — an event that never occurred. It did not constitute a waiver of constitutional homestead rights upon death.

The 1998 quitclaim deed likewise failed to reference homestead rights or hereditaments. It merely transferred “right, title, and interest.” That was insufficient under controlling case law.

Because neither document clearly and explicitly waived homestead protections, the husband retained his constitutional rights.

Why the 2021 Quitclaim Deed Was Void

When the wife later executed the 2021 quitclaim deed to her cousin, she did so without her husband joining in the conveyance.

Under Article X, section 4(c), that was fatal.

Even though she held record title as sole owner, the property remained homestead, and the constitutional joinder requirement still applied. The absence of the husband’s signature rendered the deed void ab initio.

The appellate court affirmed summary judgment, holding the husband was entitled to judgment as a matter of law.

Why This Case Matters

This decision carries important practical implications:

First, record title does not override homestead protections. Even if one spouse holds sole title, constitutional joinder may still be required.

Second, waiver must be explicit. Courts require clear language referencing homestead or related rights. General property transfer language is not enough.

Third, defective transfers are void, not voidable. A void deed passes no title — even to a relative or good-faith transferee.

Fourth, old agreements can create dangerous misunderstandings. Parties often assume that a decades-old marital agreement “solved” ownership issues. This case demonstrates that constitutional homestead rights may survive unless explicitly waived.

A Broader Estate Planning Warning

The case also highlights a recurring estate planning issue: informal transfers executed late in life, often prepared by nonlawyers, can create expensive litigation.

In Mendia, the 2021 deed was prepared by a nonlawyer, notarized by that same individual, and witnessed by the transferee’s significant other. The deed was executed only two months before the wife’s death.

The constitutional homestead rule overrode the attempted transfer entirely.

Key Takeaways for Florida Property Owners

If you are married and own homestead property:

• You cannot convey it to a third party without your spouse joining in the deed.
• A prior transfer of title does not necessarily waive constitutional protections.
• Waiver of homestead rights must be clear, specific, and legally sufficient.
• Estate planning involving homestead requires careful drafting.

If you are receiving property from a married grantor:

• Confirm whether the property is homestead.
• Confirm whether the spouse has joined in the conveyance.
• Confirm whether any prior waiver of homestead rights was valid under the governing statute.

Final Thoughts

Mendia v. Galvez is a reminder that Florida’s homestead protections are not flexible guidelines — they are constitutional mandates. Courts will strictly enforce the joinder requirement and will not infer waiver from general language.

When homestead is involved, precision matters.

Property transfers between spouses, estate planning arrangements, and intra-family deeds must be carefully structured to comply with Article X, section 4 and the applicable statutory framework in effect at the time of execution.

Failure to do so can result in a deed being declared void decades later — exactly as occurred here.