Community property states (and opt-in states)

In short

5 states let couples opt in to community property: Alaska, Florida, Kentucky, South Dakota and Tennessee. 9 states are community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

The other states follow the common-law (separate property) system: each spouse owns what is titled in their name.

The table

State	Regime	What it means for buyers
Alaska	Opt-in community property	Ask whether the sellers have signed a community property agreement or trust; if not, they hold title as tenants by the entirety. A bona fide purchaser who buys from a spouse with the right to manage the property takes it free of the other spouse's claim (AS 34.77.080).
Arizona	Community property	Both spouses must join in any sale, mortgage, refinance or home equity loan on community real property (A.R.S. 25-214(C)). When buying from a married seller, ask who owns the property and whether the other spouse will sign.
California	Community property	Both spouses must sign any instrument that sells, conveys or encumbers community real property, or leases it for longer than one year (Family Code 1102(a)). A spouse who did not sign has one year from recording to sue to set aside a sale in some cases.
Florida	Opt-in community property	The homestead cannot be sold or mortgaged without the spouse joining (Florida Constitution, Art. X, s. 4), so the spouse signs even when only one name is on the deed.
Idaho	Community property	Neither spouse may sell, convey or mortgage community real estate unless the other joins in signing (Idaho Code 32-912). Property one spouse conveys to the other is presumed to be the grantee's sole and separate estate, and only the grantor needs to sign (32-906(2)).
Kentucky	Opt-in community property	The statutes read do not set one signing rule for every case. A surviving spouse can keep a life interest under KRS 392.020 in some land sold during the marriage unless it was relinquished, so ask the title professional who must sign.
Louisiana	Community property	Selling or mortgaging a community home generally needs both spouses' signatures (Art. 2347). A deed saying a house was bought with separate funds can be challenged by the other spouse unless that spouse signed (Art. 2342).
Nevada	Community property	The sources read do not say whether both spouses must sign to sell or mortgage a community home. Confirm it with an attorney or title officer before signing any listing, deed or loan document.
New Mexico	Community property	Both spouses must join in a sale or mortgage of community real estate, and a transfer by one spouse alone shall be void and of no effect (NMSA 40-3-13).
South Dakota	Opt-in community property	A married owner's homestead can be sold or mortgaged only if both spouses concur in and sign (SDCL 43-31-17). When buying from a married seller, ask who owns the home and whether the other spouse will sign.
Tennessee	Opt-in community property	Check the deed wording before you sign: it decides whether the home is held by the entirety, in common or as joint tenants. If a couple says its property is in a community property trust, the trust document says who has authority to sign.
Texas	Community property	Whoever owns the homestead, neither spouse may sell, convey or encumber it without the joinder of the other spouse (Family Code 5.001), with narrow exceptions.
Washington	Community property	Neither spouse may sell, convey or encumber community real property unless the other joins in signing the deed, and both must acknowledge it before a notary. Neither may purchase or contract to purchase community real property unless the other joins (RCW 26.16.030).
Wisconsin	Community property	Selling the family home generally requires both spouses to sign (s. 706.02). A conveyance of a married person's interest in a homestead must be signed, or joined in by separate conveyance, by each spouse, even when only one is on title.

“—” means the state article does not state it. Download the data: community-property-states.json (CC BY 4.0, cite Payotte with a link).

State by state, in one sentence

Alaska: Alaska is not a community property state by default. Spouses can opt in with a community property agreement or trust under AS 34.77; otherwise married buyers hold title as tenants by the entirety.
Arizona: Arizona is a community property state: property either spouse acquires during marriage is community property, and both spouses must sign any deed or mortgage on community real property (A.R.S. 25-211, 25-214).
California: California is a community property state: a home a married person acquires during marriage while living in California is presumed community property (Family Code 760), and both spouses must sign to sell or encumber it (Family Code 1102).
Florida: Florida is not a community property state. Married buyers usually take title as tenants by the entirety, and couples can opt in to community property through a community property trust available since 2021.
Idaho: Idaho is a community property state: property either spouse acquires after marriage is community property, and neither spouse may sell, convey or mortgage community real estate unless the other joins in signing (Idaho Code 32-906, 32-912).
Kentucky: Kentucky is not a community property state. Since July 15, 2020, married couples may choose community property by putting assets in a Kentucky community property trust (KRS 386.620 to 386.624).
Louisiana: Louisiana's legal regime is community of acquets and gains: each spouse owns an undivided one-half of the community property (Civil Code Art. 2327, 2336), and selling or mortgaging a community home generally needs both spouses' signatures (Art. 2347).
Nevada: Nevada is a community property state: property and debts a couple acquires while married are presumed to belong equally to both spouses and are divided equally in a divorce, according to the Nevada courts' Self-Help Center.
New Mexico: New Mexico is a community property state: property acquired during marriage is presumed community property (NMSA 40-3-12), and both spouses must join in a sale or mortgage of community real estate (NMSA 40-3-13).
South Dakota: South Dakota is not a community property state. Spouses can opt in by signing a special spousal trust under SDCL chapter 55-17, and a married owner's homestead can be sold or mortgaged only if both spouses sign (SDCL 43-31-17).
Tennessee: Tennessee is not a community property state. Since July 1, 2010, spouses can choose community property treatment by placing property in a trust under the Tennessee Community Property Trust Act (T.C.A. 35-17-101 and following).
Texas: Texas is a community property state: property either spouse has during marriage is presumed community property (Family Code 3.003), and neither spouse may sell, convey or encumber the homestead without the other's joinder (Family Code 5.001).
Washington: Washington is a community property state: property acquired after marriage is community property, and neither spouse may sell or encumber community real estate without the other signing the deed (RCW 26.16.030).
Wisconsin: Wisconsin is a community property state, and its version is called marital property: all property of spouses is presumed marital, and each spouse owns an undivided one-half interest (s. 766.31).

Questions

Which states are community property states?

9 states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

Which states let couples opt in to community property?

5 states: Alaska, Florida, Kentucky, South Dakota and Tennessee.

Community property states