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Wills Glossary

COMMUNITY PROPERTY

Community property is the rule of law followed in the following states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

In most cases, community property is all of the property acquired during the marriage, including money and wages earned during the marriage and anything purchased with that money. Community property is considered to be owned equally by the wife and husband.

In a last will that is subject to community property law, a spouse may only give away his or her half of any community property. The other half automatically goes to the other spouse.

Any separate property (see definition) may be given to anyone in a last will.