2005 Idaho Code - 32-906 — COMMUNITY PROPERTY -- INCOME FROM SEPARATE AND COMMUNITY PROPERTY -- CONVEYANCE BETWEEN SPOUSES

                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 9
                       HUSBAND AND WIFE -- SEPARATE AND
                              COMMUNITY PROPERTY
    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.

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