Idaho Code
Idaho Code

Idaho Code § 32-903 (2026)

Separate property of husband and wife. 

✓ current as of May 2026
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Separate property of husband and wife. 

All property of either the husband or the wife owned by him or her before marriage, and that acquired afterward by either by gift, bequest, devise or descent, or that which either he or she shall acquire with the proceeds of his or her separate property, by way of moneys or other property, shall remain his or her sole and separate property.

Notes of Decisions
Cited in 80 cases (10 in the last 5 years), 1952–2026 · leading case: Papin v. Papin, 454 P.3d 1092 (Idaho 2019).
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Papin v. Papin, 454 P.3d 1092 (Idaho 2019). · cites it 4× “3d 357, 362 (2013) (citing I.C. § 32-903). “However, all other property acquired after marriage—including income on separate property—is community property.”
Swope v. Swope, 739 P.2d 273 (Idaho 1987). · cites it 12× “[5] While I.C. § 32-903 states that "[a]ll property of either the husband or the wife owned by him or her before marriage .”
Suchan v. Suchan, 682 P.2d 607 (Idaho 1984). · cites it 8× “Second, I.C. § 32-903 provides that all property acquired by either spouse prior to the marriage, or thereafter acquired by gift, bequest, devise or descent, constitutes separate property.”
Reed v. Reed, 44 P.3d 1108 (Idaho 2002). · cites it 4× “I.C. § 32-903. “[A]ll other property acquired after marriage,” as well as “[t]he income of all property, separate or community,” is community property.”
Erickson v. Erickson, 521 P.3d 1089 (Idaho 2022). · cites it 4× “Idaho Code section 32-903 states that all property owned by a spouse before marriage remains that spouse’s separate property.”
Maslen v. Maslen, 822 P.2d 982 (Idaho 1991). · cites it 8× “Any contributions, increases or earnings in the account which occurred prior to the marriage are separate property under I.C. § 32-903, and this portion of the account is reflected in the account balance at the time of marriage.”
Simplot v. Simplot, 526 P.2d 844 (Idaho 1974). · cites it 8× “It is provided in I.C. § 32-903 that all property acquired before marriage remains the separate property of the acquiring spouse.”
Speer v. Quinlan, 525 P.2d 314 (Idaho 1974). · cites it 8× “The two code sections which are most closely related to this problem are I.C. §§ 32-903 and 32-906. I.C. § 32-903 reads as follows: " Separate property of husband and wife.”
Est. of Hull v. Williams, 885 P.2d 1153 (Idaho Ct. App. 1994). · cites it 6× “I.C. § 32-903. All property that is otherwise acquired after marriage by either the husband or wife is community property.”
Shill v. Shill, 765 P.2d 140 (Idaho 1988). · cites it 8× “The award of the trial court included the increase in the pension benefits which had accrued following the date of divorce. The question thus presented is one of first impression in Idaho.”
Suter v. Suter, 546 P.2d 1169 (Idaho 1976). · cites it 4× “I.C. § 32-903. Idaho Code section 32-912 3 requires that both spouses join in the instrument of conveyance of community real estate.”
Brazier v. Brazier, 726 P.2d 1143 (Idaho Ct. App. 1986). · cites it 8× “The magistrate and district judge rejected these contentions, holding that the wife's entire partnership interest remained her separate property. The husband's contentions are grounded in the application of law to undisputed facts.”
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