Does Partner have rights to homestead in Florida?


Florida does not have common law marriage. So, a long term partner would not have homestead or elective share rights upon the death of the other partner.


Attorney Tom Olsen: Frank, you're on News 96.5. Go Ahead.

Frank: Yes, I have a friend, they have been living together for six years, he owns the house. I was just wondering, I know common law marriage is not recognized in Florida, however, does she have any rights?

Attorney Tom Olsen: There is no common law marriage here in Florida. The fact that they have been living together in this home for six years, from a legal perspective, means nothing. If he passes away, she will have no rights to that house. His kids would own the home and they could kick her out the next day if they want to.

Frank: Okay. That is why I needed to know.

Attorney Tom Olsen: If she wants some rights and she needs to get him down and have him make a will giving her some rights to the home.

Frank: Yes, exactly.

Attorney Tom Olsen: Okay, Frank.

Frank: All right.

Attorney Tom Olsen: Bye Bye.