§ 736.1501 Short title
§ 736.1502 Definitions
§ 736.1503 Requirements for community property trust
§ 736.1504 Agreement establishing community property trust; amendments and revocation
§ 736.1505 Classification of property as community property; enforcement; duration; management and control; effect of distributions
§ 736.1506 Satisfaction of obligations
§ 736.1507 Death of a spouse
§ 736.1508 Dissolution of marriage
§ 736.1509 Right of child to support
§ 736.151 Homestead property
§ 736.1511 Application of Internal Revenue Code; community property classified by another jurisdiction
§ 736.1512 Unenforceable trusts

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Terms Used In Florida Statutes > Chapter 736 > Part XV - Community Property Trust Act

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Ammunition: means an object consisting of all of the following:
    (a) A fixed metallic or nonmetallic hull or casing containing a primer. See Florida Statutes 790.001
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • chemical weapon or device: means any weapon of such nature, except a device known as a "self-defense chemical spray. See Florida Statutes 790.001
  • Community property: means the property and the appreciation of and income from the property owned by a qualified trustee of a community property trust during the marriage of the settlor spouses. See Florida Statutes 736.1502
  • Community property trust: means an express trust that complies with…. See Florida Statutes 736.1502
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concealed firearm: means any firearm, as defined in subsection (9), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person. See Florida Statutes 790.001
  • Concealed weapon: means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person. See Florida Statutes 790.001
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Decree: means a judgment or other order of a court of competent jurisdiction. See Florida Statutes 736.1502
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Destructive device: means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. See Florida Statutes 790.001
  • Dissolution: means either:
    (a) Termination of a marriage by a decree of dissolution, divorce, annulment, or declaration of invalidity; or
    (b) Entry of a decree of legal separation maintenance by a court of competent jurisdiction in another state that recognizes legal separation or maintenance under its laws. See Florida Statutes 736.1502
  • During marriage: means a period that begins at marriage and ends upon the dissolution of marriage or upon the death of a spouse. See Florida Statutes 736.1502
  • Electric weapon or device: means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. See Florida Statutes 790.001
  • Explosive: means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including:
    (a) Shotgun shells, cartridges, or ammunition for firearms;
    (b) Fireworks as defined in…. See Florida Statutes 790.001
  • Firearm: means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. See Florida Statutes 790.001
  • Fraud: Intentional deception resulting in injury to another.
  • Handgun: means a firearm capable of being carried and used by one hand, such as a pistol or revolver. See Florida Statutes 790.001
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law enforcement officer: means :
    (a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;
    (b) Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon;
    (c) Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders;
    (d) An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;
    (e) All peace officers;
    (f) All state attorneys and United States attorneys and their respective assistants and investigators. See Florida Statutes 790.001
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Qualified trustee: means either:
    (a) A natural person who is a resident of the state; or
    (b) A company authorized to act as a trustee in the state. See Florida Statutes 736.1502
  • Readily accessible for immediate use: means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person. See Florida Statutes 790.001
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Securely encased: means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access. See Florida Statutes 790.001
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Settlor spouses: means a married couple who establishes a community property trust pursuant to this part. See Florida Statutes 736.1502
  • Trustee: A person or institution holding and administering property in trust.
  • Weapon: means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife. See Florida Statutes 790.001
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01