Florida homestead rights can be waived by a spouse in two ways:
The first way a spouse can waive Florida homestead rights before or after marriage, is by a written contract, agreement, or waiver, signed by the waiving party in the presence of two witnesses. See Florida Statute 737.702.
The second way a spouse can waive Florida homestead rights is by deed. Language would be added to the deed that says “by executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me.” See Florida statute 732.7025.
After the spouse waives his or her homestead rights, then the other spouse can mortgage, sell, or transfer the property to another person without their spouse’s consent.