Definition of "Community property"

Property owned and held jointly and equally shared by each spouse. It is purchased during their marriage, regardless of the wage-earning situation of either spouse. A spouse may not make a gift of or dispose of community property without valuable consideration and written consent of the other spouse. Also, necessaries such as furniture etc, may not be disposed of without written consent of the other spouse. On a co-owners death, one half belongs to the survivor as separate party. One half goes by will to the descendant devises or by succession to the survivor. Property owned before marriage, and property acquired after marriage by gift, inheritance, or by purchase with separate funds can be exempted from the couples community property. Such property is called separate property and can be conveyed or mortgaged without the signature of the owners spouse.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

The term “a priori” can be pretty puzzling in real estate. Originating from Latin, “a priori” translates to "from the earlier" or "from the former." This concept, ...

A roof having two slopes on each side. The second slope is longer than the first part of the roof and extremely steep. ...

Neighborhood square somewhat resembling a park. It is often owned by town or row house owners situated near the square. ...

Connected group of wires, woods, or other materials surrounding real property to either protect it or act as a barrier against others. ...

Land zoned for industrial use including manufacturing, factory office and warehouse space, research and development. ...

The central core of an urban area. The inner city contains the major commercial center, termed the central business district (CBD). Close to the inner city are also some of the poorest ...

Structural, storage, and shelving characteristics associated with a warehouse. ...

New cost less accumulated depreciation to date. ...

Timber in an original form, such as a pole. ...

Popular Real Estate Questions