But if you want to divide your property among several beneficiaries, you need to understand just what's yours to leave. In most states, it's easy to tell who owns what. If your name alone is on the deed, registration document or other title paper, it's yours. You are free to leave your property to whomever you choose, subject to your spouse's right to claim a certain share after your death. If, however, you live in a community property state, the rules are more complicated.
Community property is a method for defining the ownership of property acquired during marriage.
Generally, in states that follow community property principles, all earnings during marriage and all property acquired with those earnings are considered community property, owned equally by husband and wife. Likewise, all debts incurred during marriage are debts of the couple. At the death of one spouse, his half of the community property will go to the surviving spouse unless he leaves a will that directs otherwise. Separate property may be left to whomever the owner wishes. They can sign a written agreement that makes some or all community property the separate property of one spouse, or vice versa.