Florida Statute 736.151 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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736.151 Homestead property.—

(1) Property that is transferred to or acquired subject to a community property trust may continue to qualify or may initially qualify as the settlor spouses’ homestead within the meaning of s. 4(a)(1), Art. X of the State Constitution and for all purposes of general law, provided that the property would qualify as the settlor spouses’ homestead if title was held in one or both of the settlor spouses’ individual names.

(2) The settlor spouses shall be deemed to have beneficial title in equity to the homestead property held subject to a community property trust for all purposes, including for purposes of s. 196.031.

¹(3) A transfer of homestead property by one or both of the settlor spouses to a community property trust will not be treated as a change of ownership for purposes of reassessing the property and instead qualifies as a change or transfer of legal or equitable title between spouses as described in s. 193.155(3)(a)2.

History.—s. 38, ch. 2021-183; s. 6, ch. 2025-159.

¹Note.—Section 7, ch. 2025-159, provides that “[t]he amendments made by this act to ss. 736.04117, 736.1502, and 736.151, Florida Statutes, are remedial and apply to trusts created before, on, or after the effective date of this act.”

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Amendments to 736.151

Annotations, Discussions, Cases:

Cases Citing Statute 736.151

Total Results: 2

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913248

Published

revocable trusts; homestead protections. § 736.151, Fla. Stat. Homestead property. Rule References

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371

Published

revocable trusts; homestead protections. § 736.151, Fla. Stat. Homestead property. Rule References

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