Idaho Marital Property Laws

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.

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

Marital property is important during divorce and following the death of one spouse. If a spouse dies intestate (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 § 15-2-102).

A couple can decide the nature of the property with a prenuptial agreement or other agreement before or during the marriage. You can find more information in FindLaw's Marriage and Divorce section.

Idaho Marital Property Laws

Any property acquired during the marriage is considered community property. 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:

• Wages and joint bank accounts
• Income from business profits, rents, or investments
• Stocks, bonds, mutual funds, and cryptocurrency
• Real estate
• Retirement accounts and pension plans that accumulate during the marriage

All debt acquired during the marriage becomes community property. Courts divide all debts 50/50 unless there is a compelling reason to divide them differently.

Separate property is property acquired before the marriage, after the official separation date, or during the marriage:

• By gift, inheritance, or bequest from a third party
• As a gift from the other spouse
• As a purchase with separate funds
• If the spouses have a written agreement making certain property separate

Separate debts are any debts acquired in the same way. Courts may assign some debt acquired during marriage to the spouse most responsible, such as gambling debt or student loans. One spouse's separate property can’t pay for the other spouse's debts.

Idaho Property Division

Idaho community property laws permit a judge to divide marital assets and debts if the parties can’t agree on an equal division themselves. To make an equal division of assets, the judge will total the value of assets and debts and divide them in half. The judge may consider the following:

• The parties' current and future income and earning capacity may be important.
• The parent awarded physical child custody may receive the family home in the best interest of the children. The other spouse may receive an equal property value from other sources, or the parties may sell the house for profit when the youngest child reaches 18.
• If one spouse has diminished the marital property in any way, the other spouse may receive compensation from the community property.

Property in one party's name, such as credit card debts or checking or savings accounts, are separate property unless both spouses use such property. Mixing assets, or "commingling," results in separate property becoming community property, even if the parties did not intend it to be.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Research the Law

• Idaho Laws
• Official State Codes

Related Resources

• Marriage, Money, and Property
• Idaho Legal Requirements of Divorce
• Getting Legal Help With a Divorce

Talk With an Idaho Divorce Attorney

The Idaho divorce process allows courts to examine many factors when dividing community property. If you need legal advice about Idaho divorce laws, find an experienced Idaho divorce attorney near you.