Dower & Curtesy § 19-102. Dower; quarantine; curtesy abolished (a) The widow of a deceased man, with respect to parties who intermarried prior to November 29, 1957, or the widow or widower of a deceased person dying after March 15, 1962, is entitled to dower and its incidents as the rights thereto were known at common law with respect to widows, including the use, during her or his natural life, of one-third part of all the lands on which the deceased spouse was seized of an estate of inheritance at any time during the marriage. The surviving spouse entitled to dower under this section may remain in the chief dwelling house of the decedent 40 days after the death, without being liable for rent therefor, within which period the dower or the surviving spouse, if not previously assigned to her or him, shall be so assigned. In the meantime, the surviving spouse may have reasonable sustenance out of the estate of the decedent. (b) The right of dower and its incidents provided for by subsection (a) of this section entitles the widow or widower to lands held by the deceased spouse at any time during the marriage, whether by legal or equitable title, and whether held by the decedent at the time of death, or not, but the right does not operate to the prejudice of a claim for the purchase money of the lands or other lien thereon. (e) The right of dower provided for by this section does not attach to lands held by two or more persons as joint tenants while the joint tenancy exists. A husband may not claim a right of dower in land which his wife, during the coverture, conveyed or transferred to another person by her sole deed prior to November 29, 1957. (d) With respect to the real estate of a wife dying after November 29, 1957, there is no estate by the curtesy. Sept. 14, 1965, Pub.L. 89-183, § 1, 79 Stat. 694. § 19-103. Forfeiture of dower by desertion and adultery (a) A person who voluntarily abandons or deserts his or her spouse and lives with another person with whom he or she commits adultery, and who is convicted of the adultery by a court having jurisdiction, forfeits the right to dower, and is forever barred of an action to demand it (b) Subsection (a) of this section does not apply if the aggrieved spouse willingly, and without coercion, pardons the offending spouse and permits the resumption of cohabitation. Sept. 14, 1965, Pub.L. 89-183, § 1, 79 Stat. 694. § 30-216. Release of dower If the wife of the party executing a deed, being not less than eighteen years of age, shall desire to release her dower in the property conveyed, she may do so either by joining in the same deed or by a separate deed, wherever executed, signed, sealed, and acknowledged by her in the same manner as provided in section 45402, and her acknowledgment shall be certified in like manner. Mar. 3, 1901, ch. 854, § 494, 31 Stat. 1267; June 30, 1902, ch. 1329, 32 Stat. 531. FLORIDA Married Women's Property Rights Florida's laws are as follows: 708.08 Married women's rights; separate property Every married woman is hereby empowered to take charge of, and manage and control her separate property, to contract and to be contracted with, to sue and be sued, and to sell, convey, transfer, mortgage, use and pledge her property, real and personal, and to make, execute and deliver instruments and documents of every character, without restraint, without the joinder or consent of her husband, in all respects as fully as if she were unmarried. Every married woman, without the joinder or consent of her husband, shall have and may exercise all rights and powers with respect to her separate property, income and earnings, and may enter into, obligate herself to perform, and enforce contracts or undertakings to the same extent and in like manner as if she were unmarried; provided, however, that no deed, mortgage or other instrument conveying or encumbering real property owned by a married woman shall be valid without the joinder of her husband; provided, further, that any claim or judgment against any married woman shall not be a claim or lien against such married woman's inchoate right of dower in her husband's separate property. 708.09 Same; agreements with husband, power of attorney, etc. Every married woman may enter into agreements and contracts with her husband, may become the partner of her husband or others, may give a power of attorney to her husband, and may execute powers conferred upon her by her husband, including the power to execute and acknowledge deeds to property owned by her or by herself and her husband as tenants by the entirety or by her husband. All powers of attorney heretofore executed by a wife to her husband and vice versa, and the execution of all documents executed thereunder, are hereby validated and confirmed. 708.10 Same; construction of law This law shall not be construed as: (1) Relieving a husband from any duty of supporting and maintaining his wife and children; (2) Abolishing estates by the entireties or any of the incidents thereof; (3) Abolishing dower or any of the incidents thereof; (4) Changing the rights of either husband or wife to participate in the distribution of the estate of the other upon his death, as may now or hereafter be provided by law; (5) Dispensing with the joinder of husband and wife in conveying or mortgaging homestead property. 689.11 Fla. Stat. 8708.08 - 708.10 (1971). Conveyances between husband and wife direct (2) All deeds heretofore made by a husband direct to his wife (3) Provided, that nothing herein shall be construed as vali dating any deed made for the purpose, or that operates to defraud any creditor or to avoid payment of any legal debt or claim; and (4) Provided further, that this section shall not apply to any conveyance heretofore made, the validity of which shall be contested by suit commenced within one year of the effective date of this law. See also Fla. Stat. 1689.11 (1971). $5. Coverture and property There shall be no distinction between married women and married men in the holding, control, disposition, or encumbering of their property, both real and personal; except that dower or curtesy may be established and regulated by law. Fla. Const. ARt. 10, §5. Support 856.04 Desertion; withholding support; previso (1) Any man who shall in this state desert his wife and children, or either of them, or his wife where there are no children or child, or who shall willfully withhold from them or either of them, the means of support, or any mother, who shall desert her child or children, or who shall willfully withhold from them the means of support, shall be guilty of a felony, of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084; provided, however, that no husband shall be prosecuted under this section for the desertion of his wife, or for withholding from his wife the means of supporting her where there is existing, at the time of such desertion or withholding, such cause or causes as are recognized as ground or grounds for dissolution of marriage, by statute, in this state, if such person shall have provided for the support of his children, if there be any. (2) For the purposes of subsection (1), an illegitimate child shall be deemed to be the child of a man who has been adjudged or decreed to be the father of such illegitimate child by a court of competent jurisdiction of this state or of any other jurisdiction. As amended Laws 1955, c. 29615, § 33; Laws 1959, c. 59-147, § 1; Laws 1961, c. 61-335, § 1, eff. Oct. 1, 1981; Laws 1965, c. 65-210, 1, eff. July 1, 1965; Laws 1971, c. 71-136, § 1077, eff. Jan. 1, 1972. Fla. Stat. 856.04 (Supp. 1973). Withholding the means of support presupposes that husband has means of such support or can obtain, them www that dependent from whom support is withheld is in need. Stedman v. State, 80 Fla. 547, 86 So. 428 (1920); Brooke v. State, 99 Fla. 1275, 128 So. 814, 69 A.L.R. 1173 (1930); McBrayer v. State, 112 Fla. 415, 150 So. 736 (1933); Floyd v. State, 115 Fla. 625, 155 So. 794 (1934). To constitute wife desertion, there must be act of abandonment, coupled with neglect or refusal to maintain and provide for wife, without just cause. Haag v. State, 111 Fla. 781, 140 So. 566 (1933). Mere physical separation of husband from wife without withholding means of support may not constitute desertion. Brooke v. State, 99 Fla. 1275, 128 So. 814, 60 A.L.R. 1173 (1930). Husband's desertion of wife within this section may include withholding means of support. Id. The word "desertion," as used in this section, has a broader meaning than mere physical separation. Welch v. State, 69 Fla. 21, 67 So. 224 (1915). 61.00 Nonsupport If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor children fails to do so, the sponse who is not receiving support or who has custody of the children may petition the court for alimony and for support for minor children without petitioning for dissolution of marriage, and the court shall enter such order as it deems just and proper. Amended by Laws 1971, c. 71-241, § 11, eff. July 1, 1971. Fla. Stat. I 61.09 (Supp. 1973). Divorce 61.08 Alimony on judgment of divorce In every judgment of divorce in an action by the wife, the court shall make such orders about maintenance, alimony and suit money of the wife, or any allowance to be made to her, and if any, the security to be given therefor, as from the circumstances of the parties and nature of the case is equitable; but no alimony shall be granted to an adulterous wife. In any award of permanent alimony the court has jurisdiction to order periodic payments or payment in lump sum or both. 61.09 Alimony unconnected with divorce If any of the causes of divorce in § 61.041, exist in favor of wife or if any husband having ability to maintain or contribute to the maintenance of his wife or minor children fails to do so and she is living with her husband or apart from him through his fault, she may obtain alimony and support for minor children without seeking a divorce and the court has jurisdiction to grant such temporary and permanent alimony support, suit money and attorney's fees as the circumstances of the parties render equitable and to make such orders as are necessary to secure such sums to her; but no alimony shall be granted to an adulterous wife. Fla. Stat. II 61.08-61.09 (1971). Exemptions 175.241 Exemption from execution The pensions, annuities, or other benefits accrued or accruing to any person under the provisions of this act and the accumulated contributions and the cash securities in the funds created under this act are hereby exempted from any state, county, or municipal tax and shall not be subject to execution or attachment or to any legal process whatsoever, and shall be unassignable. 769.05 Proceeds of recovery for injuries exempt from garnishment and execution Writs of garnishment, execution or other processes, shall not issue out of any court to reach any money due or likely to become due as damages under the provisions of this chapter. 222.06 Method of exempting personal property; inventory When a levy is made by writ of execution, writ of attachment or writ of garnishment upon any personal property, money, choses in action, or other property of a personal nature, which may be exempt from levy and sale by any process upon which levy shall have been made, the debtor, if he wishes to claim said property as exempt from sale, as aforesaid, shall make or cause to be made an inventory of the whole of his personal property, affixing thereto true and correct cash valuations thereof, and shall attach to such inventory an affidavit made by himself, his attorney or authorized agent that said inventory contains a true and correct list or schedule of all the personal property owned by him in the state, and the true cash value thereof, and shall in such schedule designate which said property he claims to be |