Written by Gerry W. Beyer, JD, LLM, JSD

Whenever you plan for married clients, it is vital to know what property your clients own and what their spouses own. However, clients are often unclear about ownership and may be unsure whether an asset is owned individually or jointly by the spouses. Because two different marital systems are recognized in the United States, title alone does not always determine who truly owns the property. This article is designed to shed light on this key estate planning issue. 

Helping Clients Plan for Community Property in a Separate Property State 

If you are an estate planner, chances are you practice in a separate property (or common law) state. After all, there are only nine community property states. But that does not mean that community property will not appear on your radar.