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Personal finance glossary

Community property

Definition

A marital property system, used by a minority of states, in which most assets and debts acquired during a marriage belong equally to both spouses regardless of whose name is on the account or who earned the money. Property owned before the marriage, plus gifts and inheritances, usually stays separate.

Why it matters

Which system your state uses shapes how assets split in a divorce, who is liable for a spouse's debts, and how taxes work for married couples filing separately. It also affects inherited property: in community property states the surviving spouse can get a full step-up in cost basis on jointly held assets.

Example

In a community property state, a spouse who earned $150,000 a year while the other earned $40,000 still owns half of the $300,000 saved during the marriage, and is jointly responsible for a $20,000 credit card the other opened. The $80,000 one spouse inherited from a parent and kept in a separate account remains theirs alone.

Put it into practice

Related terms

This definition is educational, not financial, legal, or tax advice. U.S. rules and limits change; verify time-sensitive details with official sources. See our disclaimer.

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