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Florida Estates And Trusts Code Section 732.218 - Probate Code: Intestate Succession And Wills - Rebuttable presumptions.

Legal Research Home > Florida Lawyer > Estates and Trusts > Florida Estates And Trusts Code Section 732.218 - Probate Code: Intestate Succession And Wills - Rebuttable presumptions.

Title XLII   ESTATES AND TRUSTS

Chapter 732   PROBATE CODE: INTESTATE SUCCESSION AND WILLS

732.218  Rebuttable presumptions.--In determining whether ss. 732.216-732.228 apply to specific property, the following rebuttable presumptions apply:

(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.

Last modified: November 21, 2006