Bigelow v. Dunphe

On Petition for Rehearing

Whitfield, J.

The Constitution contemplates that a married woman may be the head of a family residing in this State even though the husband is living, if the wife is in fact the head of the family; and as such head of a family she may have homestead exemption rights, under Section 1, Article X, of the Florida Constitution, in real estate owned by her upon which she lives with her husband and her children as their family home; and though she owns the home place and is a “free dealer” under the statute, she cannot legally convey or mortgage such home place unless her…