Community Property in Massachusetts
State-specific overview · Family Law
Massachusetts does not recognize community property; marital property is divided equitably based on statutory factors at divorce.
How Massachusetts treats Community Property
Massachusetts is an equitable distribution state, not a community property state. Courts divide marital property fairly but not necessarily equally, considering factors like length of marriage, each spouse's contribution, and earning capacity. Property acquired during marriage is presumed marital property unless proven otherwise. The state focuses on what is "just and proper" rather than automatic equal ownership.
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 Massachusetts.