In short: In Drysdale v. Wilmington Savings Fund Society (Fla. 2d DCA 2025), the decedent’s partner of eight years, who was not legally married to him but had signed a loan modification, challenged a foreclosure on the home they shared. The Second District affirmed without opinion. Florida gives unmarried partners few automatic rights in a deceased partner’s home.
Unmarried couples who share a home face a hard reality when one partner dies: the law follows title and marriage, not the relationship.
The Case
According to the argument, the appellant lost her partner of eight years in 2020. She was listed as his spouse on the death certificate but wasn’t legally married to him. She had signed a loan modification and sought to intervene and assert rights in the foreclosure of the home. The Second District affirmed without opinion on September 24, 2025 (No. 2D2024-2835). Because there is no written opinion, the decision sets no precedent and the court’s reasons aren’t stated.
The Law That Applies
- Homestead protections for a surviving spouse (Art. X, § 4, Fla. Const.; § 732.401) don’t extend to an unmarried partner.
- Intestacy gives nothing to an unmarried partner (§ 732.102–.103). The decedent’s children or other relatives inherit.
- A loan modification signed by a non-owner doesn’t necessarily give ownership rights.
- The decedent’s heirs or estate are the parties with standing in the foreclosure, and minor heirs act through a guardian.
What Unmarried Couples Should Do
- Hold title as joint tenants with right of survivorship, or use a trust.
- Sign wills naming each other.
- Name each other on life insurance to cover the mortgage.
- Make sure the surviving partner has a written right to stay, such as a life estate.
Source: Drysdale v. Wilmington Savings Fund Society, No. 2D2024-2835 (Fla. 2d DCA Sept. 24, 2025).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Foreclosure & Surviving Partner Rights: Homestead & Mortgage Intervention | Dale | Case 24-2835
Go Deeper
- Foreclosure After the Borrower Dies in Florida: Heirs, Probate, and Zombie Mortgages
- The Surviving Spouse and the Florida Homestead: Who Gets the House When a Spouse Dies
- What Happens If You Die Without a Will in Florida? Who Inherits Under Intestate Succession
Frequently Asked Questions
Does an unmarried partner inherit in Florida?
Not without a will, trust, or survivorship title. Intestacy gives nothing to an unmarried partner.
Does homestead protect a surviving unmarried partner?
No. Florida’s surviving spouse homestead protections apply to legal spouses.
Can a surviving partner stop a foreclosure on the shared home?
Only with an ownership interest or other legal right. In Drysdale, the Second District affirmed against the partner without opinion.
How can unmarried couples protect a shared home?
Survivorship title, wills, a trust, life insurance, or a life estate for the survivor.
Talk to a Florida probate and foreclosure lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate appeal lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
