Property Ownership term

Community Property

A marital property system in some states where most property acquired during marriage is owned equally by both spouses.

Why Community Property matters on the exam

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Exam questions using Community Property

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In a community property state, property acquired by either spouse during the marriage (other than by gift or inheritance) is generally:

  1. Owned entirely by the spouse who personally earned it
  2. Held in trust automatically for any children of the marriage
  3. Classified as separate property belonging to one spouse
  4. Owned equally by both spouses regardless of whose income acquired it
Show answer & explanation

Owned equally by both spouses regardless of whose income acquired it — Community property law treats most income and assets acquired during marriage as jointly and equally owned by both spouses, regardless of which spouse's earnings paid for it.

Source: PSI National Real Estate Exam Content Outline §1 Property Ownership

Under community property law, property owned by a spouse before the marriage, or received individually by gift or inheritance during the marriage, is classified as:

  1. Separate property
  2. Community property
  3. Marital property subject to equal division
  4. Homestead property
Show answer & explanation

Separate property — Separate property includes assets owned before marriage and gifts or inheritances received individually during the marriage, and it remains outside the community estate unless later commingled.

Source: PSI National Real Estate Exam Content Outline §1 Property Ownership

When a single individual or a single legal entity owns property with no co-owners, the ownership is described as:

  1. Tenancy in common
  2. Ownership in severalty
  3. Joint tenancy
  4. Community property
Show answer & explanation

Ownership in severalty — Ownership in severalty means title is held solely by one owner, whether an individual or an entity such as a corporation, with no other party sharing title.

Source: PSI National Real Estate Exam Content Outline §1 Property Ownership

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