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No. Community property doesn't "end at death". Community property laws affect the distribution of a married decedent's estate after their death. In a community property state your surviving spouse is entitled to one-half of any property you acquired during your marriage. Each party owns a one-half interest in any property acquired during the marriage by either party no matter whose name is on the title. A married decedent can give away one half of their property to anyone they wish by their will but their spouse will receive the other half by law after their death according to the laws of community property.

Once the estate has been probated the property inherited by the surviving spouse becomes their sole property.

The following are community property states:

  • Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, Wisconsin, and Alaska (although in Alaska, there must be a written agreement between the spouses). All of the remaining states follow common law.
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Q: Does community property end at death?
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Related questions

What if a couple that lived together for two weeks considered community property?

I am not really sure what your question is but generally speaking, community property is not in every state so begin by checking to see if you live in a community property state. Community property is the presumption that all things that were not separate property before the marriage or maintained that characteristic will be shared by the couple 50/50. The economic community begins when you get married and end on death or divorce. There are ways to keep your property separate but monies earned and property acquired during the course of the marriage will be presumed to be community property unless otherwise distinguished.


Is Connecticut a community property state in all areas?

No. Connecticut does not regognize comunity property but they have adopted the Uniform Disposition of Community Property Rights at Death Act (UDCPRDA see link below).


How can you add your name to house that is held as community property after the death of a spouse in California?

tewaf


Is Alabama a community property state?

No. In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.Oklahoma is not a community property state.


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What is the default marital regime in Mexico?

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Married person inherits oil leases from grand parent upon grandparent's death is this inheritance considered community property?

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Can you leave your share in ownership of community property to your adult children by Will in New Hampshire?

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If property is purchased in your husbands name only is it considered community property?

If the property was purchased during the marriage it is community property if you live in a community property state.


What if you live in a community property state and on spouse owned property before the marriage if they divorce what are the spouses rights?

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How do you relinquish property rights in a community property state?

There are 9 community property states in the United States in which upon death or divorce of a spouse to a marriage, property acquired during marriage is split 50/50. If you wish to change the nature of community property then it must be in writing. Most common people will sign a prenuptial agreement and these are a valid way to alter the nature of property distribution. You can also do this during marriage but make sure that you see a lawyer about this as it is more complicated than you think and if you do it wrong then the community property presumption will apply and it will be distributed according to community property principals.