In Re Estate of Skuro

467 So. 2d 1098, 10 Fla. L. Weekly 1090, 1985 Fla. App. LEXIS 13760
CourtDistrict Court of Appeal of Florida
DecidedMay 1, 1985
Docket84-2041
StatusPublished
Cited by13 cases

This text of 467 So. 2d 1098 (In Re Estate of Skuro) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Skuro, 467 So. 2d 1098, 10 Fla. L. Weekly 1090, 1985 Fla. App. LEXIS 13760 (Fla. Ct. App. 1985).

Opinion

467 So.2d 1098 (1985)

In re the ESTATE OF Randolph A. SKURO.

No. 84-2041.

District Court of Appeal of Florida, Fourth District.

May 1, 1985.

Richard G. Coker, Jr., Fort Lauderdale, for appellant.

Michael L. Trop of Capp, Reinstein, Kopelowitz & Atlas, P.A., Fort Lauderdale, for appellee.

BARKETT, Judge.

The personal representative of this estate appeals the trial court's determination that a contract for the sale of homestead property executed by the decedent prior to his death does not destroy the homestead status of that property. We affirm the probate court's order setting the property aside as homestead.

The facts are not disputed. The decedent, Randolph Skuro, executed a contract for the sale of his home. Prior to any conveyance, Skuro died. He was survived by his children, several of whom were minors. The parties agree that before the contract for sale was executed, the property in question was homestead. The appellant contends, however, that the homestead status of the property was destroyed by the execution of the contract for sale as a result of the doctrine of equitable conversion. We disagree.

The homestead exemption of property in Florida is created by the Florida Constitution, article X, section 4. This section was amended in the November 1984 general election, although at all times relevant to this litigation it provided as follows:

4. Homestead — exemptions
(a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by the head of a family:
(1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not *1099 be reduced without the owner's consent by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or his family;
(2) personal property to the value of one thousand dollars.
(b) These exemptions shall inure to the surviving spouse or heirs of the owner.
(c) The homestead shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the owner's spouse if there be no minor child. The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse. If the owner or spouse is incompetent, the method of alienation or encumbrance shall be as provided by law.

Attachment of homestead status thus affects a property owner's rights concerning encumbrances, alienation, and devise. This homestead provision is to be construed liberally for the benefit of those whom it was designed to protect. M.O. Logue Sod Service, Inc. v. Logue, 422 So.2d 71, 72 (Fla. 2d DCA 1982), rev. denied, 430 So.2d 451 (Fla. 1983); LaGasse v. Aetna Insurance Co., 213 So.2d 454, 459 (Fla. 2d DCA 1968). Once homestead status has been acquired, it continues until the homestead is abandoned or alienated in the manner provided by law. M.O. Logue Sod Service, Inc. v. Logue, 422 So.2d at 72; Marsh v. Hartley, 109 So.2d 34, 38 (Fla. 2d DCA 1959).

This case does not contain issues of abandonment or continuous uninterrupted physical presence; Skuro and his children lived on the subject property continuously until Skuro's death. The issue, then, is whether the contract for sale of the property constituted an alienation "in the manner provided by law" such that Skuro destroyed the homestead status for purposes of devise and descent. M.O. Logue Sod Service, Inc. v. Logue, 422 So.2d at 72. We can find no case in Florida that answers this question in this context.

Appellant urges us to apply the doctrine of equitable conversion, which would convert Skuro's real property into personalty by the execution of the contract to sell. Appellant relies primarily on In Re Estate of Sweet, 254 So.2d 562 (Fla. 2d DCA 1971), cert. denied, 259 So.2d 717 (Fla. 1972), in which the court stated:

[T]he equitable conversion doctrine is well established in Florida; when an owner makes a specifically enforceable contract to sell his real property, the vendee becomes the beneficial owner and the vendor retains only naked legal title in trust for the vendee and as security for the vendee's performance... . Under this doctrine the vendor's interest is considered personalty and passes accordingly upon the vendor's death, at least in the absence of a showing of contrary intent.

Id. at 563 (citations omitted). See also Buck v. McNab, 139 So.2d 734 (Fla. 2d DCA), cert. denied sub nom. McNab v. Buck, 146 So.2d 374 (Fla. 1962). The equitable conversion cases cited by appellant, however, do not involve the homestead status of the property, and do not apply the doctrine of equitable conversion in order to defeat homestead status; they merely apply the doctrine as between the vendor and the vendee. Accordingly, we find no authority for appellant's position, although we find compelling authority to the contrary.

In Beensen v. Burgess, 218 So.2d 517 (Fla. 4th DCA 1969), this court considered the specific issue of whether homestead property loses its constitutional protection against forced sale because a contract to sell the property has been executed. Beensen v. Burgess, involved a purchaser and a judgment creditor of the vendor. The vendor, Dunn, contracted to sell his homestead property to the purchaser, Burgess. The defendants, including Beensen, were creditors of Dunn who had judgments against him that had been recorded several years *1100 prior to the sale of the property by Dunn to Burgess. Pursuant to the terms of the sale agreement, Dunn moved out five weeks prior to closing, and surrendered possession to Burgess at that time. Burgess sued the defendant creditors to quiet title to the property. The court affirmed the trial court's finding that Dunn had not abandoned the property as his homestead for the five-week period when he surrendered possession of the property to Burgess, and affirmed the trial court's finding that the property remained Dunn's home retaining its homestead status "until the sale to [Burgess] was closed." Id. at 519 (emphasis added).

The facts in Brown v. Lewis, 520 F. Supp. 1114 (M.D.Fla. 1981) (applying Florida law), are somewhat similar to those in Beensen v. Burgess. The court was again confronted with the issue of whether the vendor of homestead property terminated her homestead status when she vacated the property shortly after the execution of the contract for the sale of property but prior to the conveyance of title. A judgment lien had been entered and recorded by certain creditors against the Browns in 1974. In 1978, Mr. Brown died. On March 7, 1979, Mrs. Brown executed a contract for the sale of her land to Lewis. Shortly thereafter, Mrs. Brown moved to Michigan, and established a permanent residence there. The sale of the property closed on May 15, 1979.

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Bluebook (online)
467 So. 2d 1098, 10 Fla. L. Weekly 1090, 1985 Fla. App. LEXIS 13760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-skuro-fladistctapp-1985.