Florida § 736.1512 - Unenforceable trusts.
Full text of Florida Florida Statutes § 736.1512 — Unenforceable trusts., with citation guidance and answers to common questions.
§ 736.1512. Unenforceable trusts.
(1) A community property trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that: (a) The trust was unconscionable when made; (b) The spouse against whom enforcement is sought did not execute the community property trust agreement voluntarily; (c) The community property trust agreement was the product of fraud, duress, coercion, or overreaching; or (d) Before execution of the community property trust agreement, the spouse against whom enforcement is sought: 1. Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse. 2. Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided. 3. Did not have notice of the property or financial obligations of the other spouse. (2) Whether a community property trust is unconscionable shall be determined by a court as a matter of law. (3) A community property trust may not be deemed unenforceable solely on the fact that the settlor spouses did not have separate legal representation when executing the community property trust agreement.
Frequently Asked Questions About Florida § 736.1512
What does Florida Statutes § 736.1512 cover?
Section 736.1512 ("Unenforceable trusts.") is part of the Florida Statutes, the codified statutory law of Florida. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Florida § 736.1512?
A common citation format is "Florida Statutes § 736.1512" (Florida). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Florida law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Florida official source linked on this page or consult a licensed Florida attorney.
How does Florida § 736.1512 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Florida can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Florida.