The Short Answer

In Florida, a family home can often be transferred during the owner’s lifetime by deed (including certain transfers into a trust), but the “right” approach depends heavily on whether the property is the owner’s protected homestead and whether there is a spouse or minor child involved. Homestead rules can limit or complicate transfers and can also change what happens at death if the transfer is not structured correctly.

What Florida Law Says

Florida treats homestead differently than other real estate. Transfers made during the owner’s lifetime (including transfers into certain trusts) can be legally effective, but the details matter—especially whether the owner keeps a power to revoke the transfer or take the interest back. If the transfer is not handled correctly, the property may still be treated as passing under Florida’s homestead descent rules at death, which can create unexpected ownership shares for family members.

The Statute

The primary law governing this issue is Fla. Stat. § 732.4017.

This statute clarifies that an inter vivos (lifetime) transfer of an interest in homestead property— including a transfer in trust—generally is not treated as a “devise” at death, so long as the transferor does not retain a power to revoke or revest the transferred interest back in the transferor.

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 the owner dies and a surviving spouse is involved, Florida homestead rights can trigger time-sensitive elections (for example, an election related to homestead interests must generally be made within 6 months after death in certain situations). See Fla. Stat. § 732.401.
• Burden of Proof: Clear title requires the right deed language, correct vesting, and consistency with homestead protections; otherwise, future buyers, lenders, or title insurers may treat the transfer as defective or incomplete.
• Exceptions: Whether the property is homestead, whether there is a spouse/minor child, and whether the owner retains revocation powers (especially with trusts) can change the legal effect of the transfer under Fla. Stat. § 732.4017.

Trying to handle this alone can lead to avoidable tax issues, clouded title, family disputes, or an outcome that does not match your relative’s intent.

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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.