Thomas v. Craft

Citations

• 55 Fla. 842

Syllabus

<p>1. The constitution by Article X provides that real and personal property of designated amounts owned by the head of a family residing in this State shall be exempt from forced sale under process of any court, that the exemption shall inure to the widow and heirs of the party entitled to such exemption, that the real property shall not be alienable without the joint consent of husband and wife, where that relation exists, and that nothing in the article shall be construed to prevent the holder of a homestead from alienating his or her homestead so exempted by deed or mortgage duly executed by himself or herself, and by husband and wife, if such relation exists. The .exemptions apply only to property owned by the head of the family, are for the benefit of the family and inure to the widow and heirs of the party entitled to the exemption. The provisions as to the method of alienation are restrictions upon the inherent right of alienation and extend only to the homestead real estate, and are designed for the protection of all the beneficiaries of the exemption, therefore the observance of the restrictions are as essential when the alienation is to members of the family as to others.</p> <p>2. The words “alienable” and “alienating” are used in Article X of the Constitution in the sense of conveying or transferring the legal title, or any beneficial interest in, the exempt homestead real estate during the life of the owner. The method by which the homestead shall be alienated, i. e. conveyed or transferred, being expressly and specifically prescribed and defined in,the .constitution to be by joint consent and by deed or mortgage duly executed by husband and wife when that relation exists, all other methods of alienation during the life of the owner are inhibited.</p> <p>3. Where the owner of a homestead to which the constitutional exemption from forced sale is applicable is a married man a deed executed by him alone does'not convey any right, title or interest whateve