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Foreclosure Defense Florida

Same Sex Marriage in Florida- The Critical Legal Issues That No One Has Yet Addressed

Have They Even Considered Them?

Both traditional and social media are overwhelmed right now with coverage of the same sex marriage issue.  Just this week, same sex couples across Florida have begun to exchange vows and are, after exchange of tho se vows, legally married.

But now here’s an issue that I’ve seen absolutely no discussion of….the spousal specific terminology that exists throughout Florida statutes.  Here’s what I’m talking about. If you do a search of “husband” or “wife” you’ll see these terms are referenced 69 and 75 times respectively throughout statute.  Here’s the very first reference of these terms:

65.071 Quieting title; deeds without joinder of wife when separated for 30 years.An action in chancery may be brought to quiet title to land to preclude any wife from claiming dower or any heirs from claiming any interest to land when the following facts exist:

(1) When any husband and wife have not cohabited as husband and wife for 30 years or more and during this time the husband has conveyed land as a single man and the land has come into the hands of purchasers for a valuable consideration without notice that the husband was married at the time he conveyed the land, and the purchasers have relied on the acknowledgment to deeds by the husband that he was a single man, and it afterwards became known that he was a married man at the time he deeded the land and his marriage

 

As you read through these very clear and specific terms you will see that they are NOT interchangeable.

Or how about this one…

708.05 Husband not liable for antenuptial debts of wife.The husband shall not be liable to pay the debts of the wife contracted before marriage, but the property of the wife shall be subject to such debts.

Or this one…

689.115 Estate by the entirety in mortgage made or assigned to husband and wife.Any mortgage encumbering real property, or any assignment of a mortgage encumbering real property, made to two persons who are husband and wife, heretofore or hereafter made, creates an estate by the entirety in such mortgage and the obligation secured thereby unless a contrary intention appears in such mortgage or assignment.

You see, it goes on and on and on…especially in the context of real property and estate litigation.

Or this one…

856.04 Desertion; withholding support; proviso.

(1) Any man who shall in this state desert his wife and children, or either of them, or his wife where there are no children or child, or who shall willfully withhold from them or either of them, the means of support, or any mother, who shall desert her child or children, or who shall willfully withhold from them the means of support, shall be guilty of a felony of the third degree

 

Now there is one section which probably covers all this and which will undoubtedly be used to harmonize all of these things, but the foregoing examples make it clear just how dramatic these changes are for both citizens and especially legal practitioners.

1.01 Definitions.In construing these statutes and each and every word, phrase, or part hereof, where the context will permit:

(1) The singular includes the plural and vice versa.
(2) Gender-specific language includes the other gender and neuter.

 

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