{
  "title": "Community property states",
  "page": "https://payotte.com/usa/by-state/community-property-states",
  "compiled": "2026-10-14",
  "license": "CC BY 4.0 — cite Payotte (https://payotte.com) with a link to the page",
  "states": {
    "alaska": {
      "name": "Alaska",
      "code": "AK",
      "article": "https://payotte.com/usa/alaska/community-property",
      "answer": "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.",
      "regime": "opt-in",
      "rule": "Property is community property only to the extent provided in a community property agreement or community property trust (Alaska Community Property Act, AS 34.77). Without one, a married couple holds title as tenants by the entirety (AS 34.15.110), and a court divides property in a divorce under AS 25.24.160.",
      "what_it_means_for_buyers": "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).",
      "note": null,
      "sources": [
        {
          "title": "Alaska Community Property Act, AS 34.77 (Alaska Legislature)",
          "url": "https://www.akleg.gov/basis/statutes.asp#34.77"
        },
        {
          "title": "AS 34.15.110 to 34.15.140, tenancy in common, by the entirety, joint tenancy (Alaska Legislature)",
          "url": "https://www.akleg.gov/basis/statutes.asp#34.15.110"
        },
        {
          "title": "Publication 555 (12/2024), Community Property (Internal Revenue Service)",
          "url": "https://www.irs.gov/publications/p555"
        }
      ]
    },
    "arizona": {
      "name": "Arizona",
      "code": "AZ",
      "article": "https://payotte.com/usa/arizona/community-property",
      "answer": "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).",
      "regime": "community",
      "rule": "Everything either spouse acquires during the marriage is community property, except gifts, inheritances and property acquired after a petition for divorce is served (A.R.S. 25-211). Title can be held as community property with right of survivorship (A.R.S. 33-431).",
      "what_it_means_for_buyers": "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.",
      "note": null,
      "sources": [
        {
          "title": "A.R.S. § 25-211, property acquired during marriage as community property (Arizona Legislature)",
          "url": "https://www.azleg.gov/ars/25/00211.htm"
        },
        {
          "title": "A.R.S. § 25-214, management and control (Arizona Legislature)",
          "url": "https://www.azleg.gov/ars/25/00214.htm"
        },
        {
          "title": "A.R.S. § 33-431, community property with right of survivorship (Arizona Legislature)",
          "url": "https://www.azleg.gov/ars/33/00431.htm"
        }
      ]
    },
    "california": {
      "name": "California",
      "code": "CA",
      "article": "https://payotte.com/usa/california/community-property",
      "answer": "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).",
      "regime": "community",
      "rule": "A home acquired during marriage while living in California is presumed community property (Family Code 760). At divorce the court divides the community estate equally (Family Code 2550). At death one-half belongs to the surviving spouse and one-half to the deceased spouse (Probate Code 100).",
      "what_it_means_for_buyers": "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.",
      "note": null,
      "sources": [
        {
          "title": "California Family Code § 760, community property (California Legislature)",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=760"
        },
        {
          "title": "California Family Code § 1102, sale of community real property (California Legislature)",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=1102"
        },
        {
          "title": "California Family Code § 2550, equal division at divorce (California Legislature)",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2550"
        }
      ]
    },
    "florida": {
      "name": "Florida",
      "code": "FL",
      "article": "https://payotte.com/usa/florida/community-property",
      "answer": "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.",
      "regime": "opt-in",
      "rule": "Florida is not among the nine community property states in IRS Publication 555. Married buyers usually take title as tenants by the entirety (s. 689.11), and the court divides marital assets at divorce starting from an equal split (s. 61.075). Spouses can opt in through a community property trust (ss. 736.1501 and following).",
      "what_it_means_for_buyers": "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.",
      "note": null,
      "sources": [
        {
          "title": "Florida Statutes § 689.11, Conveyances between husband and wife (Florida Legislature)",
          "url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0689/Sections/0689.11.html"
        },
        {
          "title": "Florida Constitution, Article X, Section 4, Homestead; exemptions (Florida Legislature)",
          "url": "http://www.leg.state.fl.us/statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A10S04"
        },
        {
          "title": "Florida Statutes Chapter 736, Part XV, Community Property Trust Act, §§ 736.1501-736.1512 (Florida Legislature)",
          "url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/Sections/0736.1503.html"
        }
      ]
    },
    "idaho": {
      "name": "Idaho",
      "code": "ID",
      "article": "https://payotte.com/usa/idaho/community-property",
      "answer": "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).",
      "regime": "community",
      "rule": "Property either spouse acquires after marriage is community property (Idaho Code 32-906). Spouses can hold a home as community property with right of survivorship (Idaho Code 15-6-401).",
      "what_it_means_for_buyers": "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)).",
      "note": null,
      "sources": [
        {
          "title": "Idaho Code § 32-906, Community property (Idaho Legislature)",
          "url": "https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH9/SECT32-906/"
        },
        {
          "title": "Idaho Code § 32-912, Control of community property (Idaho Legislature)",
          "url": "https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH9/SECT32-912/"
        },
        {
          "title": "Publication 555 (12/2024), Community Property (Internal Revenue Service)",
          "url": "https://www.irs.gov/publications/p555"
        }
      ]
    },
    "kentucky": {
      "name": "Kentucky",
      "code": "KY",
      "article": "https://payotte.com/usa/kentucky/community-property",
      "answer": "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).",
      "regime": "opt-in",
      "rule": "Kentucky is not among the nine community property states in IRS Publication 555. A court divides marital property in just proportions (KRS 403.190). 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).",
      "what_it_means_for_buyers": "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.",
      "note": null,
      "sources": [
        {
          "title": "KRS 386.620, Definitions for KRS 386.620 to 386.624 (Kentucky Legislature)",
          "url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49988"
        },
        {
          "title": "KRS 403.190, Disposition of property in dissolution of marriage (Kentucky Legislature)",
          "url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1452"
        },
        {
          "title": "KRS 392.020, Surviving spouse's interest in property of deceased spouse (Kentucky Legislature)",
          "url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57666"
        }
      ]
    },
    "louisiana": {
      "name": "Louisiana",
      "code": "LA",
      "article": "https://payotte.com/usa/louisiana/community-property",
      "answer": "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).",
      "regime": "community",
      "rule": "The legal regime is community of acquets and gains (Civil Code Art. 2327). Each spouse owns an undivided one-half of the community property (Art. 2336), and a home bought during marriage with community money is presumed to be community. It applies unless the spouses sign a matrimonial agreement that changes it.",
      "what_it_means_for_buyers": "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).",
      "note": null,
      "sources": [
        {
          "title": "Louisiana Civil Code Art. 2327 and 2328, legal and contractual regimes (Louisiana State Legislature)",
          "url": "https://legis.la.gov/Legis/Law.aspx?d=109393"
        },
        {
          "title": "Louisiana Civil Code Art. 2338 to 2342, community and separate property (Louisiana State Legislature)",
          "url": "https://legis.la.gov/Legis/Law.aspx?d=109405"
        },
        {
          "title": "Louisiana Civil Code Art. 2347, 2348, 2353 and 2355, concurrence of the other spouse (Louisiana State Legislature)",
          "url": "https://legis.la.gov/Legis/Law.aspx?d=109417"
        }
      ]
    },
    "nevada": {
      "name": "Nevada",
      "code": "NV",
      "article": "https://payotte.com/usa/nevada/community-property",
      "answer": "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.",
      "regime": "community",
      "rule": "Property and debts acquired while married are presumed to belong equally to both spouses, and community property and debt are divided equally in a divorce. Property owned before the marriage, inheritances, gifts and personal injury awards are generally separate property (Nevada Supreme Court Self-Help Center).",
      "what_it_means_for_buyers": "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.",
      "note": "The article could not open the Nevada statutes (NRS Chapter 123) and relies on the Nevada courts' Self-Help Center and IRS Publication 555.",
      "sources": [
        {
          "title": "Overview of Divorce, Division of Property & Debt (Nevada Supreme Court, State of Nevada Self-Help Center)",
          "url": "https://selfhelp.nvcourts.gov/self-help/divorce/overview"
        },
        {
          "title": "Divorce Laws and Rules (Nevada Supreme Court, State of Nevada Self-Help Center)",
          "url": "https://selfhelp.nvcourts.gov/self-help/divorce/laws"
        },
        {
          "title": "IRS Publication 555 (12/2024), Community Property",
          "url": "https://www.irs.gov/publications/p555"
        }
      ]
    },
    "new-mexico": {
      "name": "New Mexico",
      "code": "NM",
      "article": "https://payotte.com/usa/new-mexico/community-property",
      "answer": "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).",
      "regime": "community",
      "rule": "Property acquired during marriage is presumed to be community property (NMSA 40-3-12). IRS Publication 555 lists New Mexico as a community property state.",
      "what_it_means_for_buyers": "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).",
      "note": null,
      "sources": [
        {
          "title": "NMSA 1978, Chapter 40, Domestic Affairs, §§ 40-3-2, 40-3-6 to 40-3-17, 40-4-3, 40-4-7, 40-4-20 and annotations (NMOneSource, New Mexico Compilation Commission)",
          "url": "https://nmonesource.com/nmos/nmsa/en/item/4375/index.do"
        },
        {
          "title": "IRS Publication 555, Community Property (December 2024)",
          "url": "https://www.irs.gov/publications/p555"
        }
      ]
    },
    "south-dakota": {
      "name": "South Dakota",
      "code": "SD",
      "article": "https://payotte.com/usa/south-dakota/community-property",
      "answer": "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).",
      "regime": "opt-in",
      "rule": "South Dakota is not among the nine community property states in IRS Publication 555. At divorce, courts make an equitable division of the property of either spouse, whoever holds title (SDCL 25-4-44). Spouses can opt in to community property treatment with a special spousal trust (SDCL chapter 55-17).",
      "what_it_means_for_buyers": "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.",
      "note": null,
      "sources": [
        {
          "title": "SDCL 25-4-44, division of property between parties (South Dakota Legislature)",
          "url": "https://sdlegislature.gov/Statutes/25-4-44"
        },
        {
          "title": "SDCL chapter 55-17, special spousal trusts (South Dakota Legislature)",
          "url": "https://sdlegislature.gov/Statutes/55-17"
        },
        {
          "title": "SDCL 43-31-17, execution by husband and wife for conveyance or encumbrance of a homestead (South Dakota Legislature)",
          "url": "https://sdlegislature.gov/Statutes/43-31-17"
        }
      ]
    },
    "tennessee": {
      "name": "Tennessee",
      "code": "TN",
      "article": "https://payotte.com/usa/tennessee/community-property",
      "answer": "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).",
      "regime": "opt-in",
      "rule": "Tennessee is not among the nine community property states in IRS Publication 555. Spouses can choose community property treatment by placing property in a trust (T.C.A. 35-17-101 and following, since July 1, 2010). Without that choice, a divorce court divides marital property equitably under T.C.A. 36-4-121.",
      "what_it_means_for_buyers": "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.",
      "note": null,
      "sources": [
        {
          "title": "HB 3863 / Public Chapter 658 (2010), Tennessee Community Property Trust Act of 2010, T.C.A. 35-17-101 to 35-17-108 (Tennessee General Assembly)",
          "url": "https://www.capitol.tn.gov/Bills/106/Bill/HB3863.pdf"
        },
        {
          "title": "SB 2385 / Public Chapter 762 (2022), amending T.C.A. 36-4-121 (Tennessee General Assembly)",
          "url": "https://capitol.tn.gov/Bills/112/Bill/SB2385.pdf"
        },
        {
          "title": "Publication 555, Community Property, Rev. December 2024 (IRS)",
          "url": "https://www.irs.gov/pub/irs-pdf/p555.pdf"
        }
      ]
    },
    "texas": {
      "name": "Texas",
      "code": "TX",
      "article": "https://payotte.com/usa/texas/community-property",
      "answer": "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).",
      "regime": "community",
      "rule": "Property either spouse has during marriage is presumed community property, and proving otherwise takes clear and convincing evidence (Family Code 3.003). A home bought before the marriage stays separate property (Family Code 3.001).",
      "what_it_means_for_buyers": "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.",
      "note": null,
      "sources": [
        {
          "title": "Texas Family Code Chapter 3, Marital Property Rights and Liabilities (Texas Legislature)",
          "url": "https://statutes.capitol.texas.gov/Docs/FA/htm/FA.3.htm"
        },
        {
          "title": "Texas Family Code Chapter 5, Homestead Rights (Texas Legislature)",
          "url": "https://statutes.capitol.texas.gov/Docs/FA/htm/FA.5.htm"
        },
        {
          "title": "IRS Publication 555 (12/2024), Community Property",
          "url": "https://www.irs.gov/publications/p555"
        }
      ]
    },
    "washington": {
      "name": "Washington",
      "code": "WA",
      "article": "https://payotte.com/usa/washington/community-property",
      "answer": "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).",
      "regime": "community",
      "rule": "Property acquired after marriage is community property (RCW 26.16.030). A court dividing property in a divorce must make a just and equitable split (RCW 26.09.080). The same rules apply to state registered domestic partners.",
      "what_it_means_for_buyers": "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).",
      "note": null,
      "sources": [
        {
          "title": "RCW 26.16.010, 26.16.020, 26.16.030 and 26.16.050, separate and community property (Washington State Legislature)",
          "url": "https://app.leg.wa.gov/RCW/default.aspx?cite=26.16&full=true"
        },
        {
          "title": "RCW 26.09.080, disposition of property and liabilities (Washington State Legislature)",
          "url": "https://app.leg.wa.gov/RCW/default.aspx?cite=26.09.080"
        },
        {
          "title": "Publication 555, Community Property (Internal Revenue Service)",
          "url": "https://www.irs.gov/publications/p555"
        }
      ]
    },
    "wisconsin": {
      "name": "Wisconsin",
      "code": "WI",
      "article": "https://payotte.com/usa/wisconsin/community-property",
      "answer": "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).",
      "regime": "community",
      "rule": "All property of spouses is presumed marital, and each spouse owns an undivided one-half interest (s. 766.31). A home bought by spouses together after marriage is survivorship marital property by default (s. 766.605).",
      "what_it_means_for_buyers": "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.",
      "note": null,
      "sources": [
        {
          "title": "Wisconsin Statutes Chapter 766, Property Rights of Married Persons; Marital Property (Wisconsin Legislature)",
          "url": "https://docs.legis.wisconsin.gov/statutes/statutes/766.pdf"
        },
        {
          "title": "Wisconsin Statutes Chapter 706, Conveyances of Real Property; Recording; Titles (Wisconsin Legislature)",
          "url": "https://docs.legis.wisconsin.gov/statutes/statutes/706.pdf"
        },
        {
          "title": "IRS Publication 555 (12/2024), Community Property",
          "url": "https://www.irs.gov/publications/p555"
        }
      ]
    }
  }
}