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What happens to community property when you move to Florida?

Zacharia Frey PLLC. Updated November 2026.

It keeps its character. Florida is not a community property state, but a Florida statute preserves the surviving spouse's half of property that was community property when acquired, such as property earned while living in California, Arizona, Texas, or Washington. The decedent cannot leave the survivor's half to someone else.

The Florida statute

Florida adopted the Uniform Disposition of Community Property Rights at Death Act. At the death of a married person, one half of property covered by the act belongs to the surviving spouse and is not subject to the decedent's will or trust.

Why it matters

Couples who lived in a community property state often have plans that assume community property rules everywhere, or plans that ignore them entirely. Either can produce surprises. Tracing which assets carry community character is part of the review.

How this shows up on a scorecard

  • Works With FrictionArizona trust assumes community property rules that Florida applies only to traced assets.

Illustrations, not real clients.

Common questions

Is Florida a community property state?
No. Florida preserves community property rights in property acquired while a couple lived in a community property state, under sections 732.216 through 732.228, Florida Statutes.

Law cited on this page

General information about Florida law, not legal advice for your situation. Reading it does not create an attorney-client relationship.

Find out where your plan stands.

Call us to start a Floridize Review, or send us a note and we will call you.