The Short Answer

In Florida, adding a spouse to a deed is not just a “simple paperwork” change—especially if the property is (or may be) the owner’s homestead. Florida’s homestead rules can restrict transfers during life and can also control what happens at death, so the right approach depends on how the home is titled now, whether it is homestead, and what the family’s inheritance goals are.

Because a deed change can unintentionally create inheritance rights, creditor exposure, or title problems, you should speak with a Florida estate planning attorney before any deed is signed or recorded.

What Florida Law Says

Florida treats a primary residence (“homestead”) differently than other real estate. Homestead status can affect whether and how the property can be transferred and how it passes at death. If the owner dies and the property is homestead, Florida law may give the surviving spouse a life estate (or allow an election for a one-half interest as a tenant in common), with the remainder going to descendants—often overriding what the family expected if planning was not done carefully.

The Statute

The primary law governing this issue is Fla. Stat. § 732.401.

This statute establishes that when Florida homestead is not effectively devised, a surviving spouse generally receives a life estate (with descendants receiving the remainder), and the spouse may be able to elect instead to take a one-half interest as a tenant in common within a strict timeframe.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If homestead descent becomes an issue after death, the surviving spouse’s election for a one-half tenant-in-common interest must generally be made within 6 months and is irrevocable once made. See Fla. Stat. § 732.401.
• Burden of Proof: Whether the property is legally “homestead,” how title is currently held, and whether there are descendants can dramatically change the result—these are fact-driven questions that often require document review (deed, marriage history, prior estate planning, and county records).
• Exceptions: Homestead descent rules do not apply the same way to property held with survivorship features (for example, certain survivorship titling). See Fla. Stat. § 732.401(5).

Trying to handle this alone can lead to an invalid transfer, an unintended gift, a cloud on title, or a plan that backfires when your parent passes away—especially in blended-family situations.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.