32-906. COMMUNITY PROPERTY — INCOME FROM SEPARATE AND COMMUNITY PROPERTY — CONVEYANCE BETWEEN SPOUSES. (1) All other property acquired after marriage by either husband or wife is community property. The income, including the rents, issues and profits, of all property, separate or community, is community property unless the conveyance by which it is acquired provides or both spouses, by written agreement specifically so providing, declare that all or specifically designated property and the income, including the rents, issues and profits, from all or the specifically designated property shall be the separate property of one of the spouses or the income, including the rents, issues and profits, from all or specifically designated separate property be the separate property of the spouse to whom the property belongs. Such property shall be subject to the management of the spouse owning the property and shall not be liable for the debts of the other member of the community.
(2) Property conveyed by one spouse to the other shall be presumed to be the sole and separate estate of the grantee and only the grantor spouse need execute and acknowledge the deed or other instrument of conveyance notwithstanding the provisions of section 32-912, Idaho Code; provided, however, that the income, including the rents, issues and profits, from such property shall not be the separate property of the grantee spouse unless this fact is specifically stated in the instrument of conveyance.
History:
[32-906, added 1980, ch. 300, sec. 2, p. 777; am. 2003, ch. 139, sec. 2, p. 407.]
Structure Idaho Code
Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY
Section 32-901 - MUTUAL OBLIGATIONS.
Section 32-903 - SEPARATE PROPERTY OF HUSBAND AND WIFE.
Section 32-904 - SEPARATE PROPERTY OF WIFE — MANAGEMENT.
Section 32-905 - SEPARATE PROPERTY OF WIFE — MARRIAGE SETTLEMENT NOT AFFECTED.
Section 32-906A - COMMUNITY PROPERTY CONVEYED IN A REVOCABLE TRUST REMAINS COMMUNITY PROPERTY.
Section 32-907 - INVENTORY OF WIFE’S PROPERTY.
Section 32-908 - EFFECT OF FILING INVENTORY.
Section 32-909 - EARNINGS OF WIFE LIVING SEPARATE FROM HUSBAND [UNCONSTITUTIONAL].
Section 32-910 - LIABILITY FOR ANTENUPTIAL DEBTS.
Section 32-911 - WIFE’S LIABILITY FOR PERSONAL DEBTS.
Section 32-912 - CONTROL OF COMMUNITY PROPERTY.
Section 32-913 - PAYMENTS FROM EMPLOYEE BENEFIT PLANS — ADVERSE CLAIMS.
Section 32-914 - CURTESY AND DOWER ABOLISHED.
Section 32-916 - PROPERTY RIGHTS GOVERNED BY CHAPTER.
Section 32-917 - FORMALITIES REQUIRED OF MARRIAGE SETTLEMENTS.
Section 32-918 - MARRIAGE SETTLEMENTS — RECORD.
Section 32-919 - MARRIAGE SETTLEMENTS — EFFECT OF RECORD.
Section 32-920 - MARRIAGE SETTLEMENTS — CAPACITY OF MINOR.
Section 32-924 - EFFECT OF MARRIAGE — AMENDMENT — REVOCATION.
Section 32-926 - ENFORCEMENT — VOID MARRIAGE.
Section 32-927 - LIMITATION OF ACTIONS.