Florida Statute 732.4017
“Inter vivos transfer of homestead property”
What it means
Homestead can't be devised around a spouse or minor child — but it can be given away during life. §732.4017 makes that explicit: an inter vivos transfer of homestead, including a transfer into a trust, is not a devise and isn't subject to the §732.4015 restriction.
The catch is control. The transfer only escapes devise treatment if the owner doesn't keep a power to revoke or revest the interest. Retaining a life estate, a reversion, or making the gift conditional is fine — but keep a right to take it back, and the transfer can be treated as a devise after all. The Legislature framed this as a clarification of existing law.
- An inter vivos transfer of homestead — including into a trust — is not a devise.
- So it is not blocked by §732.4015's restriction on devising homestead.
- This holds only if the transferor keeps no power to revoke or revest the interest.
- Retaining a life estate, reversion, or a future or defeasible interest is allowed; a right to take it back is not.
- Enacted as a clarification of existing law, not a change.
How it plays out
Clients ask whether a trust can get the homestead out from under the devise restriction. Sometimes — but only a properly structured transfer that gives up the power to revoke as to that interest does it, and that's a serious step most people don't want. In practice §732.4017 is a scalpel, not a workaround: we use it deliberately, with eyes open about the loss of control, and never as a way to quietly cut a spouse or minor child out of a house they're protected on.
Where this shows up
Pages on this site where § 732.4017 does real work:
Questions people ask
