An NY divorce attorney warns arguing couples that taxpayers living in community property states that obtain a legal separation or divorce are in some circumstances treated much differently for federal tax purposes than taxpayers living in common law states, especially those laws regulating pension accounts or retirement funds. 

Under community laws, the man and women are considered to have entered into a partnership upon being married – becoming husband and wife.  If this is the case then the husband and wife are considered to own equal and undivided half interests in each item of the community property owned together.  Simply stated, this means both the husband and the wife own equal half shares of the house, vehicles and any other type of property including a computer, dining room table, living room furniture and every single piece of property they jointly obtained while being married.

Community property laws vary greatly among the nine community property states.  For example, Arizona says income earned by a spouse after a married couple has separated is considered community property, however in California; the courts would treat this income as separate property. The other community property states include Idaho, Louisiana, New Mexico, Nevada, Texas, Washington and Wisconsin – Wisconsin is not a “true” community property state; however its laws regarding property ownership by a married couple are so similar to the laws of the other community property states, it is listed as a community property state.

In a community property state, it is rare to see an uncontested divorce however a separation agreement NY state is on the rise because the majority of people seeking uncontested divorces are young, childless and do not have mortgage payments or own any real personal property to be haggled over.  Whatever property they do own, they can work out some type of agreement as to who will own it after the divorce before reaching their attorney’s office to save them time and money because negotiations often take up a lot of a lawyer’s time and time is money in the world of a lawyer who charges by the hour.