Jorge Mendia v. Abraham Figueroa Galvez

Summary

The Florida Third District Court of Appeal affirmed final summary judgment declaring a quitclaim deed void ab initio because it conveyed homestead property without the surviving spouse’s joinder, as required by Article X, section 4(c) of the Florida Constitution. The court held that neither the parties’ 1998 post-nuptial agreement nor the accompanying quitclaim deed sufficiently waived the spouse’s homestead rights. The court concluded that the later unilateral conveyance was invalid as a matter of law.

Holdings

1. Under article X, section 4(c) of the Florida Constitution, both spouses must join in a conveyance of homestead property owned by one spouse to a third party. A unilateral conveyance without the required spousal joinder is void ab initio.
2. The 1998 post-nuptial agreement did not waive Galvez's homestead rights because its waiver language was expressly limited to a possible subsequent dissolution proceeding, which never occurred.
3. The 1998 quitclaim deed did not waive Galvez's homestead rights because it did not specifically mention homestead or hereditament rights.

Questions Presented

1. Whether the 2021 quitclaim deed was void ab initio because the married owner's spouse did not join in the conveyance of homestead property.
2. Whether Galvez waived his constitutional homestead rights through the 1998 post-nuptial agreement.
3. Whether Galvez waived his constitutional homestead rights through the 1998 quitclaim deed.

Disposition

affirmed