There are 9 community property states in the United States.
- New Mexico
Generally, Community Property States are the laws of the state where the taxpayer is domiciled governs whether the taxpayer has community property and community income or separate property and separate income.
Community property is property:
- That a taxpayer, spouse, or both acquire during the marriage while residing in a community property state
- That a taxpayer and spouse agreed to convert from separate to community property
- That cannot be identified as separate property
Separate property is:
- Property that a taxpayer or spouse owned separately before marriage.
- Money earned while domiciled in a noncommunity property state.
- Property a taxpayer or spouse was given or inherited separately during the marriage.
- Property bought with separate funds, or exchanged for separate property, during the marriage.
- Property that a taxpayer and spouse agreed to convert from the community to separate property in an agreement valid under state law.
- •The part of property bought with separate funds if part was bought with community funds and part with separate funds