Community property
A form of ownership in nine U.S. states where most assets acquired during marriage are owned equally by both spouses, no matter whose name is on title. Arizona, California, and Texas are the largest community property states.
Every term like this one lights up in the step you're on.
Free to set up. No credit card.Part 1 of 4
Why a seller cares
In a community property state, a home bought during the marriage belongs to both spouses whatever the deed says. Both usually have to sign the sale, even if only one is on title.
Part 2 of 4
A simple example
In Texas, the deed is in your name alone. You bought the home during the marriage, so your spouse signs the deed at closing too.
| The situation | Who signs at closing |
|---|---|
| Bought during the marriage, one name on the deed | Both spouses |
| Bought before the marriage, kept separate | Usually the owner, though some states still want the spouse's signature |
| Inherited during the marriage | Separate property in most cases; the title company will say |
Community property looks past the deed to the marriage. The title company will ask.
Part 3 of 4
What people get wrong
That the name on the deed settles it. In nine states the marriage does, and the closing paperwork follows the marriage.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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