property
community property
Community property is a form of marital ownership, used in a minority of states, in which most property acquired by either spouse during the marriage is owned equally by both. Property owned before marriage, or received individually by gift or inheritance, is usually separate property. Rules on how community property is conveyed or passed at death vary by state, so local law controls the details.
- Exam tip
- Know the difference between community property (equal ownership of marital acquisitions) and separate property (owned before marriage or by gift or inheritance). Exams may also contrast it with tenancy by the entirety, used in other states.
- Example
- In a community property state, a couple buys a rental house during their marriage using one spouse's paycheck; both spouses still own an equal half.
Related terms & state variants
Sources
Source verification pending. Confirm current requirements with your state regulator.
Last verified: 2026-10-23