What are the basic principles of community property law?

Thus, each spouse owns an automatic 50% interest in all community property, regardless of which spouse acquired the community property. Spouses may also hold separate property, which they solely own and control, but the law in the community property states does not favor this.

What do you need to know about community property?

On this page, we will give you some community property principles that will help you better understand California’s community property laws.

What does California law say about community property?

California community property laws within Family Code 760. California Family Code 760 states, “except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.”.

How is state law different from community property law?

Exhibit 25.18.1-1, Comparison of State Law Differences in Community Property States, is a table summarizing the differences. However, the table is not a substitute for consulting state law when appropriate. It may also be necessary to discuss an issue with Counsel.

How is title to property determined in community property law?

Under community property law, title to property generally carries relatively little weight in determining whether property is separate or community property. The property is presumed to be community property in spite of the form in which title is held. When property is acquired as community property, each spouse acquires an automatic half interest.

Why is characterization important in community property law?

Characterization is important, because it will determine the tax consequences. As it relates to separate tax returns filed by married individuals domiciled in a community property state, federal income tax is assessed on 100% of a taxpayer’s separate property income, and 50% of the total community property income acquired by either spouse.

How does community property affect basis in property?

Community property may also affect basis in property. For collection purposes, the Service (depending on state law) may collect taxes owed by only one spouse entirely from community assets or a portion thereof. This includes community property earned by or titled in the name of the other spouse.