# Alaska Stat. § 34.77.030: Classification of property of spouses > Alaska · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.030 ## Section - **Citation:** Alaska Stat. § 34.77.030 - **Heading:** Classification of property of spouses - **Jurisdiction:** Alaska - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AK Code / Title 34 / Chapter 34.77 / Section 34.77.030 ## Text (a) Except for property that is classified otherwise in this chapter, property of spouses is community property under this chapter only to the extent provided in a community property agreement or a community property trust. (b) If a community property agreement provides that all property acquired by either or both spouses during the marriage is community property, the property of the spouses acquired during the marriage and after the determination date is presumed to be community property. (c) A spouse has a present undivided one-half interest in community property. (d) If the community property agreement provides that all property acquired by either or both spouses during the marriage is community property, income earned or accrued by a spouse or attributable to property of a spouse during marriage and after the determination date is community property. (e) Community property transferred to a trust remains community property. (f) Whether or not the community property agreement provides that all property acquired by either or both spouses during the marriage is community property, property that is owned by a spouse at the time of a marriage but before the determination date is not community property except to the extent otherwise expressly provided in the community property agreement. (g) Whether or not the community property agreement provides that all property acquired by either or both spouses during the marriage is community property, and except to the extent otherwise expressly provided by the spouses in the community property agreement or by the settlors in a community property trust, property acquired by a spouse during marriage and after the determination date is individual property if acquired (1) by gift or a disposition at death made by a third person to the spouse and not to both spouses; (2) in exchange for or with the proceeds of other individual property of the spouse; (3) from appreciation or income of the spouse's individual property except to the extent that the income or appreciation is classified as community property under AS 34.77.130 ; (4) by a decree, community property agreement, written consent, or reclassification under AS 34.77.060 (b) designating it as the individual property of the spouse; (5) as a recovery for damage to property under AS 34.77.140 , except as specifically provided otherwise in a decree, community property agreement, community property trust, or written consent; (6) as a recovery for personal injury, except for the amount of the recovery attributable to expenses paid or otherwise satisfied from community property; or (7) as a transfer to a community property trust and declared by the trust to be the individual property of the spouse. (h) Except as otherwise expressly provided in the community property trust, appreciation and income of property transferred to a community property trust are community property. (i) Community property held by a community property trust or another trust remains community property of the spouses if distributed to the spouses. (j) Except as provided otherwise in this chapter, this chapter does not alter the classification and ownership rights of property acquired before or during the marriage. ## Nearby sections - [Alaska Stat. § 34.77.010 Good faith requirement.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.010.md) - [Alaska Stat. § 34.77.020 Variation by marital property agreement.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.020.md) - [Alaska Stat. § 34.77.030 Classification of property of spouses.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.030.md) - [Alaska Stat. § 34.77.040 Management and control of property of spouses.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.040.md) - [Alaska Stat. § 34.77.050 Gifts of community property to third persons.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.050.md) - [Alaska Stat. § 34.77.060 Certain property transactions between spouses.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.060.md) - [Alaska Stat. § 34.77.070 Obligations of spouses.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.070.md) - [Alaska Stat. § 34.77.080 Protection of bona fide purchasers dealing with spouses.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.080.md) - [Alaska Stat. § 34.77.090 Community property agreement.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.090.md) - [Alaska Stat. § 34.77.100 Community property trust.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.100.md) - [Alaska Stat. § 34.77.110 Forms of holding property.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.110.md) - [Alaska Stat. § 34.77.120 Classification of life insurance policies and proceeds.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.120.md) - [Alaska Stat. § 34.77.130 Mixed property.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.130.md) - [Alaska Stat. § 34.77.140 Interspousal remedies.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.140.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AK_T34_C34.77_S34.77.030. Check the current official text before relying on it. Not legal advice.