ABA Family Legal Guide

Home Ownership

Property Rights and Restrictions

Ownership Options

Are there any special considerations if you live in a community property state?

There are eight community property states--Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington--plus Puerto Rico. A ninth state, Wisconsin, has certain community property features in its law. A tenth state, Alaska, changed its law in 1998 to allow married seniors to select community property as an alternative form of ownership of their property.

If you live in a community property state, the law may assume that the house that you acquired during the marriage by the efforts of either spouse is community property unless you specifically say otherwise in the deed. Both husband and wife probably must sign to transfer the property to someone else. Chapter 3, "Family Law," contains more information on community property.