Community Property in Delaware
State-specific overview · Family Law
Delaware applies equitable distribution to marital property; courts divide assets fairly based on statutory factors, not automatic equal split.
How Delaware treats Community Property
Delaware does not recognize community property. Under Del. Code Ann. tit. 13, § 1513, courts divide marital property equitably, considering factors including the length of marriage, each spouse's financial and non-financial contributions, and the standard of living during marriage. Property acquired during marriage is marital property unless it is a gift, inheritance, or acquired before the marriage. The court has discretion to award unequal distributions when equity demands it.
The general definition of Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Community property is a legal system used in certain states where most assets and income earned during a marriage belong equally to both spouses. It doesn't matter whose name is on the title or who earned the money—the law presumes it's jointly owned. When the marriage ends, community property is typically divided equally between the spouses. Separate property (owned before marriage or inherited) stays with the original owner.
Read the full Community Property entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.