Deborah Chames, et al. v. Henry DeMayo

Summary

The Florida Supreme Court held that a contractual waiver of the homestead exemption from forced sale in an unsecured retainer agreement is unenforceable, reaffirming longstanding precedent under article X, section 4 of the Florida Constitution. The court declined to recede from *Carter’s Adm’rs v. Carter* and *Sherbill v. Miller Mfg. Co.*, ruling that the 1984 constitutional amendment did not alter the exemption’s fundamental purpose and that a valid waiver must be accomplished through a mortgage or other formal conveyance to ensure it is knowing, intelligent, and voluntary. The decision emphasizes that the homestead exemption protects not only the debtor but also the family and the state, and that a general waiver buried in an unsecured contract is contrary to public policy.

Holdings

1. The Florida Constitution's homestead exemption from forced sale cannot be waived in an unsecured agreement; a waiver must be accomplished through a mortgage, sale, or gift as prescribed by article X, section 4(c) of the Florida Constitution.

Questions Presented

1. Whether the Florida Supreme Court should recede from its longstanding precedent holding that the homestead exemption from forced sale cannot be waived in an unsecured agreement.

Disposition

approved