الملكية المشتركة هي وضع قانوني يُشير إلى ملكية نفس الشيء أو المصلحة من قبل أكثر من شخص واحد. يمكن أن تشمل هذه الحالة الممتلكات العقارية، مثل الشقق أو المنازل في المجمعات السكنية، حيث يملك الأفراد وحدات سكنية خاصة بهم ولكنهم يشتركون في ملكية الأجزاء المشتركة مثل الساحات، المسابح، والمرافق الأخرى. في إطار الملكية المشتركة، يحق للمالكين اتخاذ قرارات جماعية بشأن إدارة وصيانة الأجزاء المشتركة، وغالبًا ما يتم وضع قواعد وإرشادات لضمان الاستخدام السلس والعادل للممتلكات.

Definition: Community property is a type of joint ownership of assets between spouses. Varying by state, it means that all assets purchased or acquired by the couple during their marriage are owned equally by both.

How does community property work?

Community property is the joint ownership of all assets acquired during the marriage, regardless of which spouse made the purchase. Under this system, all community assets must be divided equally if the couple separates. However, gifts and inheritances are considered separate property, not owned by both spouses. If one spouse receives an inheritance or gift, it belongs solely to them – regardless of their marital status.

Types of community property

Assets: Assets that each spouse owned before the date of marriage do not fall under community property. For example, if Salazar owned a house before marrying Siobhan, she is not considered an equal owner of that property.

However, property can convert to community property. For example, if one spouse is the sole owner of a bank account but uses the account to withdraw and deposit joint funds, the account is considered a community asset. However, the rules of conversion can be complex and it is not always easy to determine whether property has converted.

Income: Income is also taken into account. For example, suppose Eva and Laya are divorcing. Both are employed and earn income, and both share in each other’s income. Therefore, under community property laws, each can have a share of the total income and wages earned after their marriage date.

Debts: Debts also fall under the scope of community property. Depending on state laws, debts are the responsibility of both spouses equally, regardless of which spouse incurred the debt. For example, if Clyde’s wife accrues a $10,000 credit card bill and defaults, the lender can claim community property to settle the debt.

Taxes: Community property laws also affect federal income taxes. If the couple files separate tax returns, they are taxed on 50% of the total income, regardless of which spouse earned it. For example, if Mary earns $75,000 and John earns only $25,000, and they file separately, each will pay federal taxes on $50,000 of income for the year.

Community property vs. common law property

Under common law, each spouse is considered a separate individual and their legal rights and ownership are separate. 41 states use common law. In these states, for example, each spouse is responsible for their own tax bill.

In states that adopt the community property system, the spouses are considered partners in a community. Each contributes their work to benefit that community, so each receives a 50% share of all community property.

Community property and divorce

When a couple divorces in a state that follows the community property system, each spouse is entitled to half of the marital or community property. Similarly, each spouse is responsible for half of the community debt.

Divorce laws can vary somewhat between community property states, so consult an attorney practicing in your state if you want to know the specific state rules. For example, a prenuptial agreement can override community property law in California.

If the spouses agree to an arrangement that is not community property in writing and their agreement meets all the rules related to a qualified prenuptial agreement, their property and debts will be divided according to the agreement, not according to community property law.

Property

Community Property and End of Life

As with divorce, the distribution of assets after the death of a spouse in a community property state depends on state law. If the couple did not put an estate plan in place with a will, the state’s inheritance laws where they reside will determine who gets what. These laws can vary significantly between community property states.

For example, the surviving spouse will have inheritance rights to all community property in Texas if the couple has children together. However, if the deceased spouse has children who are not also the surviving spouse’s children, those children will receive their parent’s share of 50% of the community property, and the surviving spouse will receive the other half.

Frequently Asked Questions (FAQs)

What is an example of community property? In a community property state, a home will be owned by both spouses even if one spouse purchased the home in their name after marriage.

What is the difference between separate property and community property? Generally, separate property is property acquired by one spouse before marriage, while community property is property acquired during marriage.

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Sources: The Balance utilizes only high-quality sources, including peer-reviewed studies, to support the facts in our articles. Read our editorial process to learn more about how we fact-check and maintain the accuracy, reliability, and quality of our content.

Source: IRS. “Community Property Law.” Section 25.18.1.3.19.

Source: IRS. “Publication 555, Community Property.”

Source: IRS. “Internal Revenue Service Guide: Part 25. Special Topics. Chapter 18.8 Community Property Section 1. Basic Principles of Community Property Law.” See section 25.18.1.2.2 (03-04-2011).

Source: IRS. “Internal Revenue Service Guide: Part 25. Special Topics. Chapter 18.8 Community Property Section 1. Basic Principles of Community Property Law.” See section 25.18.1.3.22.

Source: IRS. “Community Property Law.” Internal Revenue Service Guide, Section 25.18.1.2.2.

Source: Jin Kim. “Division of Community Property Assets and Debts.”

Source: IRS. “Internal Revenue Service Guide: Part 25. Special Topics. Chapter 18.8 Community Property Section 1. Basic Principles of Community Property Law.” See section 25.18.1.2.4.

Source: IRS. “Internal Revenue Service Guide: Part 25. Special Topics. Chapter 18.8 Community Property Section 1. Basic Principles of Community Property Law.” See sections 25.18.1.2.1 and 25.18.1.2.2.

Source: IRS. “Internal Revenue Service Guide: Part 25. Special Topics. Chapter 18.8 Community Property Section 1. Basic Principles of Community Property Law.” See Appendix 25.18.1-1.

Source: Ham Family Law. “What You Need to Know About Pre-Marital Agreements in Contra Costa County, California.”

Source: Legal Information Institute. “Fair Distribution.”

Source: Texas Constitution and Statutes. “State Codes: Title II: Property of Descendants.” Section 201.003(b)(2).

Source: https://www.thebalancemoney.com/what-is-community-property-3505226