There are nine community property states: 

  • Arizona
  • California
  • Idaho
  • Louisiana
  • Nevada
  • New Mexico
  • Texas
  • Washington
  • Wisconsin
  • (Alaska has adopted an opt-in community property system.) 

In general, if you live in a community property state, most property acquired by either spouse during the marriage (with some exceptions) is owned jointly and equally by both spouses.  Most community property states also apply the community property rules to registered domestic partners.  However, Wisconsin has a unique “marital property” system that does not apply in the same way to married couples and domestic partners.  Domestic partners living in Wisconsin should consult with an attorney before using the Tomorrow documents.

Community ownership is automatically presumed unless there is specific evidence to the contrary for a particular piece of property.  However, most community property states allow married couples to opt-out of community property treatment for some or all of their property by signing a marital agreement or property characterization agreement.   If you think this might apply to you, consider meeting with an attorney before using the Tomorrow documents.

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