A set of laws that govern the division of property and [Assets](/glossary/assets) between married couples. 

They are based on the concept that both spouses contribute equally to the accumulation of property and assets, and is therefore equally owned by both partners. 

Similarly, [Debt](/glossary/debt) is equally owned. This is an important concept after the death of a spouse because the debt incurred by either partner is owed by whole couple.

That means that in the event of a death, the deceased partner's Assets or debt goes to the surviving partner, unless a <a href="/glossary/will">Will</a> obligates otherwise. 

In community property states, assets will be divided equally between the spouses upon the death of one spouse, regardless of whether or not a will or other estate planning documents exist. 

In this case, [Probate](/glossary/probate) may be required to transfer the ownership of the deceased spouse's share of the community property to their [Heirs](heir) or [Beneficiaries](/glossary/beneficiaries).

States that employ this law include: 
<ul>
<li>Arizona</li>
<li>California</li>
<li>Idaho</li>
<li>Louisiana</li>
<li>Nevada</li>
<li>New Mexico</li>
<li>Texas</li>
<li>Washington</li>
<li>Wisconsin</li> 
</ul>

Note: Alaska, South Dakota, and Tennessee are "opt in" states, meaning it gives partners the choice to be governed by the "community property" system.

Community Property Laws