Community Property States List. The definition of a Community Property State is a state in which the law considers that property acquired by a married couple during their marriage is joint property. Marital property states are those states that follow certain principles for dividing property in a divorce. In community property states community property is generally shared equally between spouses regardless of the source of the property. As of 2020 there are nine states where community property laws are observed.
Alaska can be considered to be community property or common law hybrid states. Alaska - In Alaska spouses who wish to treat their assets as community property can establish a trust designating certain assets as community property. This is the case even if only one spouse acquired solely it his or her name. A spouse who comes into the marriage with a vehicle or real estate can usually keep that vehicle or property after a divorce as long as its been kept separate. Community property is a form of joint property ownership that is the law in nine states. State community property laws apply to military retirement pay.
The rental income would become community property in Texas Wisconsin Idaho and Louisiana if you decided to rent the property out even if you didnt commingle the asset.
The definition of a Community Property State is a state in which the law considers that property acquired by a married couple during their marriage is joint property. Excluded are gifts and assets acquired before a marriage. In addition Alaska is an opt-in community property state. The rental income would become community property in Texas Wisconsin Idaho and Louisiana if you decided to rent the property out even if you didnt commingle the asset. However married partners in community property states can also have separate property for example if they owned it before entering into the marriage. Like community property states in equitable division states separate property isnt part of the marital estate and isnt subject to division.