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Fla. Stat. § 736.1512 – Florida Statutes

Text of Fla. Stat. § 736.1512

Unenforceable trusts.—

(1) A community property trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that:

(a) The trust was unconscionable when made;

(b) The spouse against whom enforcement is sought did not execute the community property trust agreement voluntarily;

(c) The community property trust agreement was the product of fraud, duress, coercion, or overreaching; or

(d) Before execution of the community property trust agreement, the spouse against whom enforcement is sought:

1. Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse.

2. Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided.

3. Did not have notice of the property or financial obligations of the other spouse.

(2) Whether a community property trust is unconscionable shall be determined by a court as a matter of law.

(3) A community property trust may not be deemed unenforceable solely on the fact that the settlor spouses did not have separate legal representation when executing the community property trust agreement.

History of Fla. Stat. § 736.1512

Fla. Stat. § 736.1512 became law on July 1, 2021 as part of the Community Property Trust Act. It has not been amended or revised since that date.

Fla. Stat. § 736.1512 appears to be influenced by Alaska Stat. § 34.77.100(f)-(g).

Cases Citing Fla. Stat. § 736.1512

Currently, no cases cite or reference Fla. Stat. § 736.1512.