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Simple Question. Does Florida recognize dower and curtesy?

Simple Question. Does Florida recognize dower and curtesy?

Q: Does Florida recognize dower rights?

No, Florida does not recognize dower rights. The state has abolished dower and curtesy, as outlined in Section 732.111 of the Florida Probate Code. This means that a surviving spouse does not automatically have rights to a portion of the deceased spouse's property through dower.

Full question:

Simple Question. Does Florida recognize dower and curtesy?

Category: Husband and Wife
Subcategory: Dower and Curtesy
Date: 04/07/2025
State: Florida

Answer:

No. Section 732.111 of the Florida Probate Code specifically provides that dower and curtesy are abolished.

732.111 Dower and curtesy abolished.—Dower and curtesy are abolished.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What states recognize dower and curtesy?

Dower and curtesy laws vary by state. Some states still recognize these rights, while others have abolished them. States that recognize dower include Ohio and Arkansas, while curtesy is recognized in states like Kentucky. However, many states, including Florida, have eliminated these rights in favor of other forms of spousal property rights. Always check the specific laws in your state for the most accurate information.

Does Florida recognize dower rights?

Who gets the house if the spouse dies in Florida?

In Florida, if a spouse dies, the distribution of the house depends on whether there is a will. If there is a will, the house goes to the beneficiaries named in it. If there is no will, Florida's intestacy laws apply, and the surviving spouse typically inherits the house, especially if there are no children or if the children are also the children of the surviving spouse. It's important to consult a legal professional for specific situations.