USA – IDAHO Trends and Developments Contributed by: Steve Frinsko, Christopher Cook, Paul Street and Matthew Havili, Hawley Troxell
that agreements or restrictive covenants related to employees comply with the statutory limitations. Community property Idaho is one of nine community property states. Under Idaho law, all property acquired after marriage (with a few exceptions) by either spouse is community prop - erty. Unlike some community property states, income derived from separate property, which includes divi - dends, interest, and rents, is community property. M&A transactions in Idaho may trigger specific spousal consent and approval requirements, especially where individual members or shareholders are involved. For
example, while either spouse has the right to manage and control community property, under Idaho Code § 32-912, spousal consent is required in executing a sale agreement, deed, or other instrument of con - veyance by which real estate is sold, conveyed, or encumbered. Similarly, spousal consent is required to create a community obligation, and any obligation incurred by one spouse without the consent in writing of the other does not obligate the separate property of the spouse who did not consent. Finally, to the extent transactions involve tax elections or other tax filings, each person having a community interest in the stock or income must generally consent to an election or action.
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