Community property states

Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In each, a statute makes property either spouse acquires during the marriage community property, subject to the exceptions it lists. Alaska, Florida, Kentucky and South Dakota let couples choose community property for assets they place in a qualifying trust or agreement; otherwise they divide property equitably. — Each state's statute, linked in the table above

Each state defines it in its own words. Texas's statute, for example: “Community property consists of the property, other than separate property, acquired by either spouse during marriage.” And separate property: “A spouse's separate property consists of: (1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during marriage by gift, devise, or descent; and (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.” Each state page quotes its own definitions. — Tex. Fam. Code § 3.002; Tex. Fam. Code § 3.001, checked October 26, 2026

Not in every community property state. What each statute says about dividing it at divorce: Arizona, equitable division of community property; California, equal division of community property; Idaho, substantially equal division unless compelling reasons; Louisiana, equal division (equal net value); Nevada, equal division (unless compelling reason); New Mexico, no division rule in the statute; Texas, just and right division; Washington, just and equitable division; Wisconsin, equal division presumed. — Each state's division statute, quoted on its page

Yes, in Alaska, Florida, Kentucky and South Dakota. Alaska: Spouses domiciled in Alaska may classify property as community property in a signed community property agreement; spouses anywhere (whether both, one or neither lives in Alaska) may do so through a community property trust, which needs at least one Alaska-based qualified trustee (an Alaska resident, or an Alaska trust company or bank) and must be signed by both spouses. Florida: Spouses may classify property as community property only by transferring it to a community property trust signed by both spouses. The trust must have at least one qualified trustee (a Florida resident or a company authorized to act as trustee in Florida); either or both spouses may also serve. Spouses need not live in Florida. Kentucky: Spouses (whether both, one or neither lives in Kentucky) may classify property as community property by transferring it to a trust that declares itself a Kentucky community property trust, is signed by both spouses, and has at least one qualified trustee (a Kentucky resident, or a bank or trust company authorized to act as trustee in Kentucky); either or both spouses may also be trustee. On divorce the trust ends and each spouse receives half of each asset unless both agree otherwise in writing. South Dakota: Spouses may classify any or all of their property as special spousal (community) property by transferring it to a South Dakota special spousal trust that expressly declares it community property; the trust must be signed by both spouses, and at least one trustee must be a qualified person (a South Dakota resident individual, or a trust company or bank with its principal place of business in South Dakota). The statute does not limit the trust to South Dakota residents. — AS 34.77.060, 34.77.100; Fla. Stat. §§ 736.1503, 736.1505; KRS 386.620-386.624; SDCL §§ 55-17-1, 55-17-3