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There are two different systems for classifying marital property in the United States: the common law property system and the community property system. Most states, including Connecticut and New York, utilize the common law property system. Under this system, property acquired by a married person during marriage is the property of that person separately, unless the person agrees with his or her spouse to hold the property jointly. By contrast, 9 states are community property states — Arizona, California, Idaho, New Mexico, Louisiana, Washington, Nevada, Texas and Wisconsin. Generally speaking, under the community property system, property acquired by either spouse while married becomes “community property.” Whereas, property acquired before marriage, as well as property inherited or received as a gift during a marriage, is generally considered the separate property of the recipient spouse.

This advisory reviews the following:

• Moving from a Common Law State to a Community Property State
• Moving from a Community Property State to a Common Law State

To read this advisory in its entirety, click the PDF below.