Is Florida a Community Property State?

When it comes to managing finances and planning for the future with a partner, your  state’s laws can have a big impact. That’s especially true if you live in, or are considering moving to, Florida. 

You might be wondering, is Florida a community property state? The short answer is, no—but that doesn’t mean your assets are left unprotected. In this article, we’ll explore what Florida’s martial property laws mean for your estate plan and how you can take steps to make sure your wishes are clearly honored, no matter where you live. 

Florida Community Property vs. Common Law Property

Florida is not a community property state. Instead, it follows common law property rules, which means that assets acquired during a marriage are not automatically owned by both spouses. In the event of divorce or death, Florida uses an equitable distribution approach for martial property. This aims for a fair, though not always equal, division of assets acquired during the marriage. Separate property (assets acquired prior to the marriage) typically remain with the original owner or spouse. 

However, Florida does offer a unique option: spouses can choose to create a Community Property Trust. This elective structure allows couples to treat certain assets as community property, unlocking potential tax advantages, like a full step-up in cost basis upon the first spouse’s passing. While not automatic, this trust can be a smart planning tool for married couples looking to optimize their estate plan in Florida.

How Florida Property Laws Work for Married Couples

In Florida, property acquired during a marriage is subject to equitable distribution, meaning it's divided fairly—not necessarily equally—if a couple divorces. To determine what is “fair” courts consider several factors: 

• Each spouse’s income, assets, and debts

• The length of the marriage

• Contributions to the marriage (financial and non-financial, like raising children)

• One spouse’s interruption of career or education for the family

• Whether either spouse wasted or hid assets

• The desirability of keeping certain assets (like a home) with one spouse for a child’s benefit

Separate property, like  premarital assets or inheritances, typically remains with the original owner unless it’s been mixed with shared assets. 

What Happens to Property in Florida After a Spouse Dies?

When a spouse passes away in Florida, how property is distributed depends on several factors. These include how the assets were owned, whether there was a valid estate plan in place, and whether the property is considered marital or separate.

If the couple owned assets jointly—such as a home held as tenancy by the entirety—those typically pass automatically to the surviving spouse without going through probate. However, assets held solely in the deceased spouse’s name usually must go through probate, unless they’re covered by a Revocable Living Trust or designated beneficiary accounts like life insurance or retirement plans.

If no estate plan exists, Florida’s intestate succession laws determine how property is distributed. In most cases, the surviving spouse receives all or a significant portion of the estate, but this can vary based on whether there are children from a previous relationship. Creating a Will or Trust Plan can help ensure your wishes are honored and ease the burden on your loved ones.

What If I Moved to Florida From a Community Property State? 

If you and your spouse moved to Florida from a community property state, your previously acquired community property doesn’t automatically lose its status. Florida generally recognizes the character of property as it was classified in the state where it was acquired. That means assets earned during your marriage in a community property state may still be treated as jointly owned, even after relocating.

However, Florida follows common law property rules moving forward. Any new assets acquired in Florida will be considered under Florida’s equitable distribution laws unless you take steps to preserve or convert your property status. One option is to create a Florida Community Property Trust, which allows couples to maintain the benefits of community property (such as favorable tax treatment) while living in a non–community property state.

Establishing or updating your estate plan after a move can help ensure your assets are categorized correctly and your intentions are protected.

Creating a Will or Trust in a Common Law State Like Florida

Creating a will or trust in a common law state like Florida is a powerful way to take control of how your assets are handled, during your lifetime and after. In common law states, ownership and inheritance depend heavily on how assets are titled. This distinction can have a big impact on how property is distributed after death or divorce, making it especially important to have a clear, legally valid estate plan in place. Whether you want to ensure your spouse is protected, avoid disputes among loved ones, or maintain control over your legacy, creating a will or trust helps you put your wishes in writing and make sure they’re followed.

How Trust & Will Can Help

At Trust & Will, we make it easy to take control of your future with customized, legally valid estate plans tailored to Florida law. Whether you need a will, a trust, or help deciding which is right for you, our step-by-step platform guides you through every decision with clarity and care. You’ll get the tools to protect what matters most—without the stress or high cost of traditional legal services. Start your plan today and gain the peace of mind that comes from knowing your loved ones are covered.

FAQs: 

What is considered marital property in the state of Florida?

In Florida, marital property includes most assets and debts acquired by either spouse during the marriage. This can include income, real estate, retirement accounts, pensions, and personal property. Typically, assets acquired before the marriage are not included in marital property. For example, gifts or inheritances received by one spouse, unless those assets were mixed with shared funds. 

Is my wife entitled to half my house if it's in my name in Florida?

In Florida, even if your house is in your name only, your wife could still be entitled to part of it. That’s because Florida is an equitable distribution state—meaning assets acquired during the marriage are generally considered marital property, regardless of whose name is on the title. If the home was purchased during the marriage or if marital funds were used to pay for it, it’s likely your wife has a legal claim to a portion of its value.

Every situation is unique, so speaking with a family law attorney can help clarify your specific rights and options.

Does Florida recognize community property from other states?

Yes, Florida generally recognizes community property brought in from another state. Known as quasi-community property, these assets may still be treated as community property during divorce or estate proceedings, even though Florida itself is not a community property state.

Do I need a will or trust in Florida if I’m married?

Yes, even if you’re married, having a will or trust in Florida is important. Without one, state law—not you—decides what happens to your assets, which may not align with your wishes. A will or trust ensures your spouse and loved ones are protected and your wishes are clearly followed.

Trust & Will makes estate planning simple so you can create a customized, state-specific plan from the comfort of your own home. Take our free quiz to discover which estate plan best fits your needs today, to secure your family’s future.

Is there a question here we didn’t answer? Browse more topics in our learn center, visit our Frequently Asked Questions (FAQ) page,  or chat with our member support!

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.