Idaho Code
Idaho Code § 32-906 (2026)
Community property — Income from separate and community property — Conveyance between spouses.
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 89
cases (12 in the last 5 years), 1956–2026 · leading case: Papin v. Papin, 454 P.3d 1092 (Idaho 2019).
Papin v. Papin, 454 P.3d 1092 (Idaho 2019). “(citing I.C. § 32-906). Therefore, there is a rebuttable presumption that all property acquired during marriage is community property.”
Maslen v. Maslen, 822 P.2d 982 (Idaho 1991). “The income 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 from all or the…”
Swope v. Swope, 739 P.2d 273 (Idaho 1987). “shall remain his or her sole and separate property," I.C. § 32-906 provides that "[t]he income of all property, separate or community, is community property.”
Simplot v. Simplot, 526 P.2d 844 (Idaho 1974). “It is provided in I.C. § 32-906 that, "All other property acquired after marriage by either husband or wife, including the rent and profits of the separate property of the husband and wife, is community property, unless by the instrument by which any such property is acquired by…”
Brazier v. Brazier, 726 P.2d 1143 (Idaho Ct. App. 1986). “The husband now contends that the wife's share of the partnership's undistributed earnings represented income from separate property, and should have been characterized as community property, within the meaning of I.C. § 32-906. He further asserts that by retaining and…”
Speer v. Quinlan, 525 P.2d 314 (Idaho 1974). “given to appellant by his parents were, in effect, remuneration for his work with the company prior to incorporation, and thus community property under I.C. § 32-906. She points to the testimony of Vernon Speer, to the effect that Raymond received twice as many shares of stock…”
Evans v. Twin Falls Cnty., 796 P.2d 87 (Idaho 1990). “Doggett did, indeed, find an implied modification of the common law rule based upon I.C. § 32-906, which statute the Court in Doggett assumed mandated that damages for pain and suffering were community property, and therefore the surviving spouse had a property interest in that…”
Suter v. Suter, 546 P.2d 1169 (Idaho 1976). “” I.C. § 32-906 provides: “Community property — Conveyances between spouses.”
Barrett v. Barrett, 232 P.3d 799 (Idaho 2010). “" Moreover, under I.C. § 55-606, "Every grant or conveyance of an estate in real property is conclusive against the grantor.”
Matter of Est. of Eliasen, 668 P.2d 110 (Idaho 1983). “There was no evidence as to how much of the $12,000 annual payments required by the contract was interest and how much was principal.”
Rogers v. Yellowstone Park Co., 539 P.2d 566 (Idaho 1975). “" I.C. § 32-906. The cases previously referred to herein cited by respondent relied on the concept that all property acquired during marriage was community property, and that any recovery for damages for personal injuries was "property acquired after marriage" but not acquired…”
Erickson v. Erickson, 521 P.3d 1089 (Idaho 2022). “I.C. § 32-906. In Idaho, “income derived during a period of marriage from the efforts, labor[,] and industry of the parties constitutes community assets.”
— Idaho Code § 32-906(1) — 4 cases
Herr v. Herr, 496 P.3d 886 (Idaho 2021).
Idaho Dep't of Health & Welfare v. Jackman, 970 P.2d 6 (Idaho 1998).
Dept. of Health & Welfare v. Jackman, 970 P.2d 6 (Idaho 1998).
Vanwassenhove v. Vanwassenhove, 998 P.2d 505 (Idaho Ct. App. 2000).
— Idaho Code § 32-906(2) — 4 cases
Papin v. Papin, 454 P.3d 1092 (Idaho 2019). “(citing I.C. § 32-906). Therefore, there is a rebuttable presumption that all property acquired during marriage is community property.”
Barrett v. Barrett, 232 P.3d 799 (Idaho 2010). “" Moreover, under I.C. § 55-606, "Every grant or conveyance of an estate in real property is conclusive against the grantor.”
Bliss v. Bliss, 898 P.2d 1081 (Idaho 1995).
Hunt v. Hunt, 718 P.2d 560 (Idaho Ct. App. 1985).
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