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Commonly Asked Questions about Community Property Conversion Forms

Form 8958 Allocation of Tax Amounts Between Certain Individuals in Community Property States allocates income between spouses/partners when filing a separate return. This allocation worksheet does not need to be completed if you are only filing the state returns separately and filing a joint federal return.
To alter the character of a property, the California Family Code requires that a community property transmutation agreement be enacted in writing and signed by both spouses.
Sign in to TurboTax and open or continue your return. Search for community property and select the Jump to link. On the Community Property Income screen, select Yes and follow the instructions to enter any income adjustments.
Community property is generally property that you, your spouse, or (RDP/California or Washington same-sex spouse) or both acquire during your marriage while you and your spouse are domiciled in a community property state.
Combine your total separate income and one-half of your total community income to calculate your gross income for the year. Record this total on the top of Internal Revenue Service Form 1040 to start your tax return. This finishes the income adjustment for community property. Complete your tax return as normal.
Form 4835 is used to report farm rental income and expenses for landowners who do not materially participate in the farming process. Income reported on Form 4835 includes crop or livestock shares converted to cash, crop insurance proceeds, federal disaster proceeds, CCC loans, and agricultural program payments.
Property acquired during the marriage (outside of the noted exceptions) is considered community property. The spouses can, however, agree to convert (or transmute) community property into separate property. In Texas, this is done via a written agreement establishing a partition or exchange between the parties.