Exploring and Understanding the role Community Property States play in real estate

by | Aug 30, 2023 | Client Resources

In the realm of real estate and marriage and divorce, community property states play a significant role. These legal designations are adopted by states that follow the community property system of property ownership.

What does this mean? Let’s dive into the details.

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What is a Community Property State?

A community property state is a legal designation in the United States for states that follow the community property system of property ownership. In these states, property acquired during a marriage is generally considered jointly owned by both spouses. This is regardless of which spouse’s name is on the title or deed. This means that each spouse has an equal ownership interest in the property. So, in the event of a divorce or legal separation, the property is typically divided equitably between the spouses. 

Not all states follow the community property system. Some use the common law property system. This is where ownership is determined by whose name is on the title or deed and the circumstances of acquisition.

As of September 2021, 9 of the states use the community property system. These States include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. However, remember that legal landscapes can shift, so it’s always prudent to consult legal professionals or official sources for the latest information. 

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How I can help you with exploring your options

If you’re navigating divorce and real estate matters, I’m here to provide guidance and expertise.

Schedule a Call with me today with your questions and concerns. Let’s work together to secure the best possible outcome for your situation.

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