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
- §§ 732.216–732.228, Fla. Stat. (Florida Statutes)
General information about Florida law, not legal advice for your situation. Reading it does not create an attorney-client relationship.