{"id":372989,"date":"2016-03-31T21:35:09","date_gmt":"2016-04-01T02:35:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/idaho-law\/idaho-marital-property-laws.html"},"modified":"2024-12-31T12:07:19","modified_gmt":"2024-12-31T17:07:19","slug":"idaho-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/idaho-law\/idaho-marital-property-laws.html","title":{"rendered":"Idaho Marital Property Laws"},"content":{"rendered":"\n
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Idaho Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Idaho is one of nine community property states. In a community property state, marital property is anything acquired during marriage. The parties split all marital property 50\/50 during a divorce or legal separation<\/a>.<\/p>\r\n

The remaining states are equitable distribution states. Other states divide marital property fairly but not always 50\/50. State laws differ about marital property division<\/a>. In all states, spouses keep possession of their separate property following a divorce or separation.<\/p>\r\n

Marital property is important during divorce and following the death of one spouse. If a spouse dies intestate<\/b> (without a will), the surviving spouse inherits all the community property. The spouse inherits all separate property if there are no children or half the separate property if there are children (Idaho Code \u00a7 15-2-102<\/a>).<\/p>\r\n

A couple can decide the nature of the property with a prenuptial agreement<\/a> or other agreement before or during the marriage. You can find more information in FindLaw’s Marriage and Divorce section<\/a>.<\/p>\r\n

Idaho Marital Property Laws<\/b><\/h2>\r\n

Any property acquired during the marriage is considered community property<\/b>. Under Idaho statutes, community property includes the family home, whether one spouse holds title or both names are on the deed. Any funds accumulated during the marriage by either party are marital assets, including:<\/p>\r\n