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February 19, 2009

Community property state and marital property state

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Definition

State where assets earned during a marriage are deemed to be the joint property of the married couple

Community property  states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington and Wisconsin ,

The marital property state is Wisconsin

Referring Cite

State law, IRM, IRS Publication 555

Additional Helpful Information

  • An IRA owner who resides in a community property state may need the written consent of his/her spouse, in order to name anyone –other than the souse- as a primary beneficiary of the IRA
  • Alaska is usually treated as a community property state, if the couple so elects.
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