Community Property

Home › Title Glossary › Community Property

Community property is the system of marital ownership used in Idaho in which most property acquired by either spouse during marriage is owned equally by both. Property owned before marriage, or received by gift or inheritance, is generally separate property.

Idaho is one of nine community property states. Community real estate generally cannot be sold or encumbered unless both spouses sign, except where one spouse holds the other's power of attorney (Idaho Code § 32-912). Property one spouse conveys to the other is presumed to be the receiving spouse's separate property, and only the granting spouse need sign that conveyance (Idaho Code § 32-906). Idaho does not recognize tenancy by the entirety.

Community property shapes nearly every Idaho closing involving a married person. Because community real estate belongs equally to both spouses, both ordinarily must sign the deed or mortgage — even if only one spouse is on the loan. Understanding whether property is separate or community helps couples vest title correctly and avoids surprises at closing.

Source: Idaho Code §§ 32-906, 32-912

• Joint Tenants
• Tenants in Common
• Tenancy by Entireties
• Warranty Deed
• Quit Claim Deed

Reviewed by Kootenai Title & Bonner Title Editorial Team · Last updated June 19, 2026
This definition is educational and not legal advice. See our Editorial Policy.