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March 5, 2009

Marital Property State & Community 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 spouse- 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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