Florida Statutes
Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)
732.218 - Rebuttable presumptions.


(1) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which these sections apply.
(2) Real property located in this state, other than homestead and real property held as tenants by the entirety, and personal property wherever located acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property and title to which was taken in a form which created rights of survivorship are presumed to be property to which these sections do not apply.
History.—s. 6, ch. 92-200; s. 31, ch. 2001-226.

Structure Florida Statutes

Florida Statutes

Title XLII - Estates and Trusts

Chapter 732 - Probate Code: Intestate Succession and Wills

Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)

732.201 - Right to elective share.

732.2025 - Definitions.

732.2035 - Property entering into elective estate.

732.2045 - Exclusions and overlapping application.

732.2055 - Valuation of the elective estate.

732.2065 - Amount of the elective share.

732.2075 - Sources from which elective share payable; abatement.

732.2085 - Liability of direct recipients and beneficiaries.

732.2095 - Valuation of property used to satisfy elective share.

732.2105 - Effect of election on other interests.

732.2115 - Protection of payors and other third parties.

732.2125 - Right of election; by whom exercisable.

732.2135 - Time of election; extensions; withdrawal.

732.2145 - Order of contribution; personal representative’s duty to collect contribution.

732.2151 - Award of fees and costs in elective share proceedings.

732.2155 - Effective date; effect of prior waivers; transition rules.

732.216 - Short title.

732.217 - Application.

732.218 - Rebuttable presumptions.

732.219 - Disposition upon death.

732.221 - Perfection of title of personal representative or beneficiary.

732.222 - Purchaser for value or lender.

732.223 - Perfection of title of surviving spouse.

732.224 - Creditor’s rights.

732.225 - Acts of married persons.

732.226 - Limitations on testamentary disposition.

732.227 - Homestead defined.

732.228 - Uniformity of application and construction.