Separate vs. Community Property in Idaho

By the FigureMyTax Editorial Team · How we calculate

In Idaho, property owned before marriage and property received by gift or inheritance stays separate, but all other property acquired after marriage, and the income of separate property, is community property unless a written agreement says otherwise.

Separate property

All property of either spouse owned before marriage, and property acquired afterward by gift, bequest, devise or descent, or acquired with the proceeds of separate property, remains that spouse’s sole and separate property (Idaho Code 32-903).

Community property

All other property acquired after marriage by either spouse is community property. The income, including the rents, issues and profits, of all property, separate or community, is also community property, unless the conveyance by which the property was acquired provides otherwise or both spouses, by written agreement specifically so providing, declare that the property and its income are the separate property of one spouse (Idaho Code 32-906(1)).

The income trap

The income of separate property is community property by default. A rental house you owned before marriage stays separate, but its rent counts as community unless you and your spouse signed a written agreement that says otherwise. Keep separate property in separate accounts and consider a written agreement about the income.

Gifts between spouses

Property conveyed by one spouse to the other is presumed to be the sole and separate estate of the grantee, but the income from that property is not separate unless the instrument of conveyance specifically says so (Section 32-906(2)).

Evidence to gather

Statements from before the wedding, deeds with dates and titles, inheritance and gift documents, and any written agreement about income. If separate and community funds were mixed, bring records that trace the separate funds.

Keeping the right paperwork

Keep inherited and premarital funds in accounts titled in your name alone, avoid mixing them with community funds, and keep gift and inheritance documents.

In the calculator

The Idaho property division calculator keeps each spouse’s separate property out of the division. See the homestead, retirement and debts for the rest.

Frequently asked questions

What is separate property in Idaho?

Property owned before marriage, property acquired by gift, bequest, devise or descent, and property acquired with the proceeds of separate property.

Is income from separate property community property in Idaho?

Yes, by default, unless the conveyance or a written agreement of both spouses says it is separate.

Is property conveyed from one spouse to the other separate in Idaho?

It is presumed to be the grantee's separate estate, though the income is not separate unless the instrument says so.

Is an inheritance community property in Idaho?

No. Property acquired by bequest, devise or descent is separate, though its income is community unless agreed otherwise.

Does a written agreement change Idaho property classification?

A written agreement of both spouses can declare property and its income to be one spouse's separate property.

Official sources

Going through a divorce or custody case in Idaho?

A local family law attorney can review your situation — many offer a free consultation.

Talk to an Idaho attorney

This is general information, not legal advice. It is based on the cited Idaho statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Idaho attorney.