Community Property Trust Act
Florida · Florida Trust Code · §§ 736.1501 to 736.1512 · 12 sections
Overview
The Community Property Trust Act allows a married couple to have property treated as community property by placing it in a qualifying trust established under a written agreement between the spouses. It sets out what such a trust must contain to be valid, how the spouses may amend or revoke it, how the property is managed and controlled, how creditors' claims are satisfied, and what happens to the property when the marriage ends by death or dissolution. It also preserves obligations and protections that exist outside the trust, including a child's right to support and homestead rights, addresses how the arrangement interacts with federal tax law and with community property recognized in other jurisdictions, and identifies trusts that will not be enforced.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Fla. Stat. § 736.1501Short title
- Fla. Stat. § 736.1502Definitions
- Fla. Stat. § 736.1503Requirements for community property trust
- Fla. Stat. § 736.1504Agreement establishing community property trust; amendments and revocation
- Fla. Stat. § 736.1505Classification of property as community property; enforcement; duration; management and control; effect of distributions
- Fla. Stat. § 736.1506Satisfaction of obligations
- Fla. Stat. § 736.1507Death of a spouse
- Fla. Stat. § 736.1508Dissolution of marriage
- Fla. Stat. § 736.1509Right of child to support
- Fla. Stat. § 736.151Homestead property
- Fla. Stat. § 736.1511Application of Internal Revenue Code; community property classified by another jurisdiction
- Fla. Stat. § 736.1512Unenforceable trusts
Enacted in other states
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