If you and your spouse have different domiciles, check the laws of each to see if you have community property, community income, or both.
Community property. Generally, community property is property:
• That you, your spouse, or both acquire during your marriage while you and your spouse are domiciled in a community property state.
• That you and your spouse agreed to convert from separate to community property.
• That can't be identified as separate property.
Community income. Generally, community income is income from:
• Community property.
• Salaries, wages, and other pay received for the services performed by you, your spouse, or both during your marriage while domiciled in a community property state.
• Real estate that is treated as community property under the laws of the state where the property is located.
See IRS Publication 555 - Community Property.
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