AS Title 34, Chapter 77: Community Property Act

Chapter 77. Community Property Act. Sec. 34.77.010. Good faith requirement. A spouse shall act in good faith with respect to the other spouse in matters involving community property. The obligation under this section may not be varied by a community property agreement or a community property trust. Sec. 34.77.020. Variation by marital property agreement. Except as provided in AS 34.77.010 , 34.77.070(h), 34.77.080(b), and 34.77.090(c), a community property agreement or a community property trust may vary the effect of this chapter. Sec. 34.77.030. Classification of property of spouses. (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. Sec. 34.77.040. Management and control of property of spouses. (a) A spouse acting alone may manage and control (1) that spouse's property that is not community property; (2) except as provided in (c) of this section, community property held in that spouse's name alone or not held in the name of either spouse; (3) a policy of insurance if that spouse is designated as the owner on the records of the issuer of the policy; (4) the rights of an employee under an arrangement for deferred employment benefits that accrue as a result of that spouse's employment; (5) a claim for relief vested in that spouse by other law; (6) community property held in the names of both spouses in the alternative, including using the names of both spouses with the word “or.” (b) Spouses may not manage and control community property held in the names of both spouses other than in the alternative unless they act together. (c) The right to manage and control community property that is transferred to a trust, including property that is community property under the trust, is determined by the terms of the trust. (d) The right to manage and control community property does not determine the classification of property of the spouses and does not rebut the presumption of AS 34.77.030 (b). (e) The right to manage and control community property does not permit gifts of the property, except to the extent provided in AS 34.77.050 . (f) Except to the extent otherwise expressly provided in a community property agreement or a community property trust, the right to manage and control the property of spouses is not affected by this chapter if the property is acquired before the determination date. (g) A court may appoint a conservator or guardian to exercise a disabled spouse's right to manage and control community property. Sec. 34.77.050. Gifts of community property to third persons. (a) A spouse acting alone may not give to a third person community property that the spouse has the right to manage and control unless the value of the community property given to the third person does not aggregate more than $1,000 in a calendar year, or a larger amount if, when made, the gift is reasonable in amount considering the economic position of the spouses. (b) A gift of community property to a third person that is not allowed under (a) of this section is subject to AS 34.77.140 (e) — (h) unless both spouses act together in making the gift or the other spouse ratifies the gift. (c) Reporting any part of a gift made by the other spouse on a United States gift tax return under 26 U.S.C. 2501 — 2524 or consenting to the treatment of a gift under 26 U.S.C. 2513 (Internal Revenue Code) by signing the consent on the other spouse's United States gift tax return is treated as the spouses acting together in making the gift. (d) [Repealed, § 46 ch 45 SLA 2013.] Sec. 34.77.060. Certain property transactions between spouses. (a) While both spouses are domiciled in this state, spouses may classify any or all of their property as community property in a community property agreement. (b) Whether or not both, one, or neither is domiciled in this state, spouses may classify any or all of their property as community property by transferring property to a community property trust and providing in the trust that the property is community property. Sec. 34.77.070. Obligations of spouses. (a) [Repealed, § 6 ch 80 SLA 2001.] (b) After the determination date, a spouse's obligation to satisfy a duty of support owed to the other spouse or to a child of the marriage may be satisfied only from community property and the other property of the obligated spouse that is not community property. (c) [Repealed, § 6 ch 80 SLA 2001.] (d) [Repealed, § 6 ch 80 SLA 2001.] (e) [Repealed, § 6 ch 80 SLA 2001.] (f) This chapter does not alter the relationship between spouses and their creditors with respect to property or an obligation in existence before the determination date. (g) A writing that is signed by a creditor and that reduces a creditor's rights under this section is binding on the creditor. (h) A provision of a community property agreement or a community property trust does not adversely affect the interest of a creditor unless the creditor has actual knowledge of the provision when the obligation to the creditor is incurred. The effect of this subsection may not be varied by a community property agreement or a community property trust. (i) This chapter does not affect an exemption provided under other law for the property of spouses. (j) An obligation incurred by only one spouse before or during marriage may be satisfied only from the property of that spouse that is not community property and from that spouse's interest in community property. This subsection does not apply to an obligation described in (b) of this section. (k) An obligation incurred during marriage by both spouses may be satisfied from property of each spouse that is not community property and from the community property. Sec. 34.77.080. Protection of bona fide purchasers dealing with spouses. (a) Notice of the existence of a community property agreement, a community property trust, a marriage, or the termination of a marriage does not affect the status of a purchaser as a bona fide purchaser. (b) Community property purchased by a bona fide purchaser from a spouse having the right to manage and control the property under AS 34.77.040 is acquired free of any claim of the other spouse. The effect of this subsection may not be varied by a community property agreement or a community property trust. (c) In this section, (1) “bona fide purchaser” means a purchaser of property for value who has not knowingly been a party to fraud or illegality affecting the interest of the spouses or other parties to the transaction, does not have notice of an adverse claim by a spouse, and has acted in the transaction in good faith; in this paragraph, a purchaser gives “value” for property if the property is acquired (A) in return for a binding commitment to extend credit; (B) as security for or in total or partial satisfaction of a preexisting claim; (C) by accepting delivery under a preexisting contract for purchase; or (D) in return for other consideration sufficient to support a contract; (2) “purchaser” means a person who acquires property by sale, lease, discount, negotiation, mortgage, pledge, or lien, or otherwise deals with property in a voluntary transaction other than making a gift. Sec. 34.77.090. Community property agreement. (a) A community property agreement must be contained in a written document signed by both spouses and classify some or all of the property of the spouses as community property. It is enforceable without consideration. (b) A community property agreement must contain the following language in capital letters at the beginning of the agreement: THE CONSEQUENCES OF THIS AGREEMENT MAY BE VERY EXTENSIVE, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHTS WITH RESPECT TO CREDITORS AND OTHER THIRD PARTIES, AND YOUR RIGHTS WITH YOUR SPOUSE BOTH DURING THE COURSE OF YOUR MARRIAGE AND AT THE TIME OF A DIVORCE. ACCORDINGLY, THIS AGREEMENT SHOULD ONLY BE SIGNED AFTER CAREFUL CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, YOU SHOULD SEEK COMPETENT ADVICE. (c) A community property agreement may not adversely affect the right of a child to support. (d) Except as provided in AS 34.77.020 , 34.77.070(h), 34.77.080(b), and in (c) of this section, in a community property agreement, spouses may agree (1) on the rights and obligations in the property, notwithstanding when and where the property is acquired and located; (2) on the management and control of their property; (3) on the disposition of their property on dissolution, death, or the occurrence or nonoccurrence of another event; (4) on making a will, trust, or other arrangement to carry out the agreement; (5) that, upon the death of either of them, any of their property, including after-acquired property, passes without probate to a designated person, trust, or other entity by nontestamentary disposition; (6) on the choice of law governing the interpretation of the agreement; and (7) on any other matter that affects their property and does not violate public policy or a statute imposing a criminal penalty. (e) A community property agreement may not be amended or revoked unless the agreement itself provides for amendment or revocation, or unless the agreement is amended or revoked by a later community property agreement. To amend or revoke the agreement, the later community property agreement is not required to declare any property of the spouses as community property. The amended agreement or the revocation is enforceable without consideration. However, notwithstanding the other provisions of this subsection, unless the community property agreement expressly provides otherwise, if a community property agreement provides for the nontestamentary disposition of property without probate, at any time after the death of the first spouse the surviving spouse may amend the community property agreement with regard to the surviving spouse's property to be disposed of at the surviving spouse's death. In this subsection, “surviving spouse's property” means the property that consists of the surviving spouse's separate property and the surviving spouse's share of the community property determined as of the date of the first spouse's death. (f) Persons intending to marry each other may enter into a community property agreement as if married, but the agreement does not become effective until the persons are married. (g) A community property agreement executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that (1) the agreement was unconscionable when made; (2) the spouse against whom enforcement is sought did not execute the agreement voluntarily; or (3) before execution of the agreement, the spouse against whom enforcement is sought (A) was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse; (B) did not voluntarily sign a written consent expressly waiving the right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided; and (C) did not have notice of the property or financial obligations of the other spouse. (h) A community property agreement executed before marriage is not enforceable if the spouse against whom enforcement is sought proves that (1) the spouse against whom enforcement is sought did not execute the agreement voluntarily; or (2) the agreement was unconscionable when made and, before execution of the agreement, the spouse against whom enforcement is sought (A) was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse; (B) did not voluntarily sign a written consent expressly waiving the right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided; and (C) did not have notice of the property or financial obligations of the other spouse. (i) Whether or not a community property agreement is unconscionable is determined by a court as a matter of law. Sec. 34.77.100. Community property trust. (a) An arrangement is a community property trust if one or both spouses transfer property to a trust, the trust expressly declares that some or all the property transferred is community property under this chapter, and at least one trustee is a qualified person whose powers include or are limited to maintaining records for the trust on an exclusive or a nonexclusive basis and preparing or arranging for the preparation of, on an exclusive or a nonexclusive basis, any income tax returns that must be filed by the trust. A community property trust is enforceable without consideration. Both spouses or either spouse may be a trustee. The trust must be signed by both spouses. In this subsection, “qualified person” means (1) an individual (A) who, except for brief intervals, military service, attendance at an educational or training institution, or absences for good cause shown, resides in this state; (B) whose true and permanent home is in this state; (C) who does not have a present intention of moving from this state; and (D) who intends to return to this state when away; (2) a trust company that is organized under AS 06.26 and that has its principal place of business in this state; or (3) a bank that is organized under AS 06.05 or a national banking association that is organized under 12 U.S.C. 21 — 216d if the bank or national banking association possesses and exercises trust powers and has its principal place of business in this state. (b) A community property trust must contain the following language in capital letters at the beginning of the trust: THE CONSEQUENCES OF THIS TRUST MAY BE VERY EXTENSIVE, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHTS WITH RESPECT TO CREDITORS AND OTHER THIRD PARTIES, AND YOUR RIGHTS WITH YOUR SPOUSE BOTH DURING THE COURSE OF YOUR MARRIAGE AND AT THE TIME OF A DIVORCE. ACCORDINGLY, THIS AGREEMENT SHOULD ONLY BE SIGNED AFTER CAREFUL CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, YOU SHOULD SEEK COMPETENT ADVICE. (c) A community property trust may not adversely affect the right of a child to support. (d) Except as provided in AS 34.77.010 , 34.77.070(h), 34.77.080(b), and in (c) of this section, in a community property trust spouses may agree on (1) the rights and obligations in the property transferred to the trust, notwithstanding when and where the property is acquired or located; (2) the management and control of the property transferred to the trust; (3) the disposition of the property transferred to the trust on dissolution, death, or the occurrence or nonoccurrence of another event; (4) the choice of law governing the interpretation of the trust; and (5) any other matter that affects the property transferred to the trust and does not violate public policy or a statute imposing a criminal penalty. (e) A community property trust may not be amended or revoked unless the agreement itself provides for amendment or revocation, or unless the agreement is amended or revoked by a later community property trust. To amend or revoke the trust, the later community property trust is not required to declare any property held by the trustee as community property. The amended trust or the revocation is enforceable without consideration. However, notwithstanding the other provisions of this subsection, unless the community property trust expressly provides otherwise, at any time after the death of the first spouse the surviving spouse may amend the community property trust with regard to the surviving spouse's property to be disposed of at the surviving spouse's death. In this subsection, “surviving spouse's property” means the property that consists of the surviving spouse's separate property and the surviving spouse's share of the community property determined as of the date of the first spouse's death. (f) A community property trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that (1) trust was unconscionable when made; or (2) the spouse against whom enforcement is sought did not execute the community property trust agreement voluntarily; or (3) before execution of the community property trust agreement, the spouse against whom enforcement is sought (A) was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse; (B) did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided; and (C) did not have notice of the property or financial obligations of the other spouse. (g) Whether or not a community property trust is unconscionable is determined by a court as a matter of law. (h) The trustee of a community property trust shall maintain records that identify which property held by the trust is community property and which property held by the trust is not community property. (i) In addition to other transfers of property to a community property trust, property will be considered transferred to a community property trust if the property is subject to a nonprobate transfer on death under AS 13.33.101 and the community property trust is designated as the beneficiary to receive the property under the transfer. Sec. 34.77.110. Forms of holding property. (a) Spouses may hold community property in a form that designates the holders of it by the words “(name of one spouse) or (name of other spouse) as community property.” Community property held in this form is subject to AS 34.77.040 (a)(6). (b) Spouses may hold community property in a form that designates the holder of it by the words “(name of one spouse) and (name of other spouse) as community property.” Community property held in this form is subject to AS 34.77.040 (b). (c) A spouse may hold individual property in a form that designates the holder of it by the words “(name of spouse) as individual property.” Individual property held in this form is subject to AS 34.77.040 (a)(1). (d) [Repealed, § 46 ch 45 SLA 2013.] (e) If the words “survivorship community property” are used instead of the words “community property” in the form described in (a) or (b) of this section, the community property is survivorship community property. On the death of a spouse, the ownership rights of that spouse in survivorship community property vest solely in the surviving spouse by nontestamentary disposition at death. The first deceased spouse does not have a right of disposition at death of any interest in survivorship community property. Holding community property in a form described in (a) or (b) of this section does not by itself establish survivorship ownership between the spouses for the property held in that form. (f) Property that spouses agree in a community property agreement is community property or property that is transferred to a community property trust and expressly declared by the trust to be community property is owned as community property regardless of the form of title to the property, even if the title indicates that the property is owned unequally by the spouses or is only in the name of one spouse. (g) If the title to community property is in a form that provides for ownership by survivorship between the spouses, then ownership by survivorship is presumed to have been made with the consent of both spouses. (h) If a spouse with management and control of community property designates a beneficiary for the property on the death of one or both of the spouses, and if the community property is held in a form of title that permits a beneficiary designation, the beneficiary designation is effective only for the designating spouse's one-half interest in the community property unless the other spouse consents in writing to the designation. A designation of the following as the beneficiary is presumed to have been made with the consent of the other spouse: (1) the other spouse or an ancestor or descendant of either spouse; (2) a charity; or (3) a trust, to the extent that the beneficiaries consist of persons or entities identified in (1) or (2) of this subsection. (i) The testimony of one spouse is sufficient to rebut a presumption established under this section. (j) A disposition of community property contrary to (e) — (h) of this section is voidable. An action in court to void the disposition must be commenced within the time specified by AS 34.77.140 (e). Sec. 34.77.120. Classification of life insurance policies and proceeds. (a) If a policy issuer makes payments or takes actions in accordance with the policy and the issuer's records, the issuer is not liable because of the payments or actions unless, at the time of the payments or actions, the issuer had actual knowledge of inconsistent provisions of a community property agreement, a community property trust, a decree relating to a community property agreement or a community property trust, or an adverse claim that is brought by a spouse, former spouse, surviving spouse, or persons claiming under a deceased spouse's disposition at death and that relates to a community property agreement or a community property trust. (b) Except as provided in (c) — (e) of this section, (1) the ownership interest in and proceeds of a policy that insures the life of one of the spouses and that has been classified by a community property agreement or a community property trust as community property are community property without regard to the classification of property used to pay premiums on the policy; (2) the ownership interest in and proceeds of a policy that is owned by one spouse and that has not been classified by a community property agreement or a community property trust as community property are mixed property if all or part of a premium on the policy is paid from community property after the determination date; the community property component of the ownership interest and proceeds is the part resulting from multiplying the entire ownership interest and proceeds by a fraction that consists of a numerator that is the sum of the net premiums and portions of net premiums paid from community property and a denominator that is the sum of the net premiums paid; (3) the ownership interest in and proceeds of a policy issued during marriage that designates the spouse of the insured as the owner are the individual property of the owner without regard to the classification of property used to pay premiums on the policy; (4) the ownership interest in and proceeds of a policy that designates a person other than either of the spouses as the owner are not affected by this chapter if a premium on the policy is not paid from community property after the determination date; if all or part of a premium on the policy is paid from community property after the determination date, the ownership interest and proceeds of the policy are in part property of the designated owner of the policy and in part community property of the spouses without regard to the classification of property used to pay premiums on the policy after the initial payment of a premium on the policy from community property; the community property component of the ownership interest and proceeds is the part resulting from multiplying the entire ownership interest and proceeds by a fraction that consists of a numerator that is the sum of the net premiums and portions of net premiums paid from community property and a denominator that is the sum of the net premiums paid; (5) written consent by a spouse to the designation of another person as the beneficiary of the proceeds of a policy is effective to relinquish that spouse's interest in the ownership interest and proceeds of the policy without regard to the classification of property used by a spouse or another person to pay premiums on the policy; a designation of any of the following persons or trusts as the beneficiary of a policy is presumed to have been made with the consent of the other spouse: (A) the other spouse or an ancestor or descendant of either spouse; or (B) a trust, to the extent that its beneficiaries consist of one or more of the persons named in (A) of this paragraph; (6) unless the spouses provide otherwise in a community property agreement or community property trust, designation of a trust as the beneficiary of the proceeds of a policy with a community property component does not reclassify the component; (7) unless the spouses provide otherwise, if an irrevocable trust owns a life insurance policy insuring the life of one spouse and the spouse whose life is not insured by the policy is provided a beneficial interest in the trust, then, before a contribution of assets to the trust, the spouse whose life is not insured by the policy is presumed to have relinquished any community property interest that the spouse whose life is not insured by the policy may have had in the assets contributed to the trust; the presumption in this paragraph applies only to the extent that the beneficiaries of the trust consist of one or more of the following persons: (A) the spouse whose life is not insured; (B) an ancestor of either spouse; (C) a descendant of either spouse; (8) the testimony of the spouse whose life is not insured is sufficient to rebut a presumption in (5) or (7) of this subsection. (c) This section does not affect a creditor's interest in the ownership interest or proceeds of a policy assigned or made payable to the creditor as security. (d) The interest of a person as owner or beneficiary of a policy acquired under a decree or property settlement agreement incident to a prior marriage or parenthood is not community property notwithstanding the classification of property used to pay premiums on the policy. (e) This section does not affect the ownership interest or proceeds of a policy unless a spouse or a trust described in (b)(7) of this section is designated as an owner in the policy or on the records of the policy issuer and community property is used to pay a premium on the policy. (f) In this section, (1) “owner” means a person appearing on the records of a policy issuer as the person having the ownership interest, or, if a person other than the insured does not appear on the records as a person having the interest, “owner” means the insured; (2) “ownership interest” means the rights of an owner under a policy; (3) “policy” means an insurance policy insuring the life of a spouse and providing for payment of death benefits at the spouse's death; (4) “proceeds” means the death benefit from a policy and all other economic benefits from the policy, whether the economic benefits accrue or become payable as a result of the death of an insured person or upon the occurrence or nonoccurrence of another event. Sec. 34.77.130. Mixed property. (a) Except as provided otherwise in AS 34.77.110 , mixing community property with property having another classification reclassifies the other property as community property unless the component of the mixed property that is not community property can be traced. (b) If a community property agreement provides that all property acquired by either or both spouses during marriage is community property, application by one spouse of substantial labor, effort, inventiveness, physical skill, intellectual skill, creativity, or managerial activity on individual property of the other spouse creates community property attributable to the application if (1) reasonable compensation is not received for the application; and (2) substantial appreciation of the individual property of the other spouse results from the application. Sec. 34.77.140. Interspousal remedies. (a) A spouse has a claim against the other spouse for breach of the good faith requirement under AS 34.77.010 resulting in damage to the claimant spouse's present undivided one-half interest in community property. (b) If the spouses have signed a community property agreement or a community property trust, a court may order an accounting of the property and obligations of the spouses and may determine rights of ownership in, beneficial enjoyment of, or access to marital property and the classification of all property of the spouses. (c) A court may order that the name of a spouse be added to community property held in the name of the other spouse alone, except (1) a partnership interest held by the other spouse as a general partner; (2) an interest in a professional corporation, professional association, or similar entity held by the other spouse as a stockholder or member; (3) an asset of an unincorporated business if the other spouse is the only spouse involved in operating or managing the business; or (4) other property if the addition would adversely affect the rights of a third person. (d) Except as provided otherwise in (e) — (h) of this section, a spouse must begin an action against the other spouse under (a) of this section within three years after acquiring actual knowledge of the facts giving rise to the claim. (e) Except as provided by (f) — (h) of this section, if a gift of community property during marriage by a spouse does not comply with AS 34.77.050 (a), the nondonor spouse may bring an action to recover the property or the amount of money by which the gift exceeded the limit under AS 34.77.050 (a). The nondonor spouse may bring the action against the donor spouse, the gift recipient, or both. The nondonor spouse must commence the action within the earliest of the following times: (1) one year after the nondonor spouse receives notice of the gift; (2) one year after dissolution of the marriage; or (3) on or before the deadline for filing a claim under AS 13.16.460 after the death of the donor spouse. (f) If a recovery under (e) of this section occurs during the marriage of the donor spouse and the nondonor spouse, the property or money that is recovered is considered community property. If the recovery occurs after the dissolution of the marriage of the donor and nondonor spouses or after the death of either the donor or the nondonor spouse, the recovery is limited to 50 percent of the property or money that would have been recovered if the recovery had occurred during the marriage. (g) If a transfer of community property to a third person during marriage by a spouse acting without the other spouse becomes a completed gift on the death of the donor spouse, or if an arrangement involving community property during marriage by a spouse acting without the other spouse is intended to be and becomes a gift to a third person on the death of the donor spouse, the surviving spouse may bring an action in court against the gift recipient to recover one-half of the gift. To bring an action under this subsection, the surviving spouse must commence the action on or before the deadline for filing a claim under AS 13.16.460 . (h) If a spouse who would have been entitled to bring an action under (e) — (g) of this section predeceases the donor spouse, the deceased spouse's successor in interest may bring an action for recovery under (e) — (g) of this section, but the action must be commenced within one year after the deceased spouse's death. Recovery in an action under this subsection is the same as if the donor spouse had predeceased the spouse entitled to the recovery, but the amount of the recovery is calculated as of the date of the death of the spouse entitled to the recovery. Sec. 34.77.150. Treatment of certain property at death of spouse. If a community property agreement provides that all property acquired by either or both spouses during marriage is community property, at the death of a spouse domiciled in this state, property of the spouse that can be traced to property received by the spouse after the determination date as a recovery for a loss of earning capacity during marriage shall be treated as if it were community property. Sec. 34.77.155. Division of community property at death. (a) Upon the death of a spouse, one-half of the aggregate value of the community property owned by the spouses and by any community property trust established by the spouses reflects the share of the surviving spouse and the other one-half reflects the share of the decedent. (b) Upon the death of a spouse, the deceased spouse's personal representative and the trustee of a community property trust each have the power to distribute community property in divided or undivided interests and to adjust resulting differences in valuation. A distribution of community property in kind may be made on the basis of a non pro rata division of the aggregate value of the community property, on the basis of a pro rata division of each individual item or asset of community property, or by using both methods. (c) Notwithstanding (a) and (b) of this section, spouses may agree in writing to divide their community property on the basis of a non pro rata division of the aggregate value of the community property or on the basis of a pro rata division of each individual item or asset of community property, or by using both methods. Sec. 34.77.160. Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose and to make uniform the law with respect to the subject of this chapter among states enacting it. Sec. 34.77.900. Definitions. In this chapter, (1) “acquire” in relation to property includes obtaining reductions of indebtedness on encumbered property and obtaining a lien on or a security interest in property; (2) “appreciation” means a realized or unrealized increase in the value of property; (3) “community property” means property owned jointly by both spouses under a community property agreement or a community property trust; (4) “community property agreement” means an agreement that complies with AS 34.77.090 ; (5) “community property trust” means an express trust that complies with AS 34.77.100 ; (6) “decree” means a judgment or other order of a court; (7) “determination date” means the later of (A) marriage; (B) the effective date of a community property agreement or a community property trust; or (C) May 23, 1998; (8) “disposition at death” means the transfer of property by will, intestate succession, nontestamentary transfer, or other means that take effect at the transferor's death; (9) “dissolution” means (A) termination of a marriage by a decree of dissolution, divorce, annulment, or declaration of invalidity; or (B) entry of a decree of legal separation or separate maintenance; (10) “during marriage” means a period that begins at marriage and ends at divorce, dissolution, or the death of a spouse; (11) “held” means the registration, recordation, or filing by a person in a public office in the name of the person of a document of title to property, or the issuance in the person's name of a writing that customarily operates as a document of title to the property; (12) “income” means dividends, interest, and net rents and other net returns attributable to investment, rental, licensing, or other use of property unless attributable to a return of capital or to appreciation; (13) “management and control” means the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, institute or defend a civil action regarding, or otherwise deal with property as if the property is the property of an unmarried person; (14) “notice” of a fact means a knowledge of it, receipt of a notification of it, or reason to know that it exists from the facts and circumstances known to the person; (15) “presume” or a “presumption” means the imposition on the person against whom the presumption or presumed fact is directed of the burden of proving that the nonexistence of the presumed fact is more probable than its existence; (16) “property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property; (17) “written waiver” means a document signed by a person against whose interests it is sought to be enforced. Sec. 34.77.995. Short Title. This chapter may be cited as the Alaska Community Property Act.