Community Property in New Jersey
State-specific overview · Family Law
New Jersey is a common law property state; community property does not apply to married couples.
How New Jersey treats Community Property
New Jersey uses equitable distribution, not community property, to divide marital assets upon divorce. Each spouse owns property individually unless titled jointly or received as a gift to both. Courts divide marital property fairly based on factors including the length of marriage, each spouse's earning capacity, and contributions to the household and career. Prenuptial and postnuptial agreements are enforceable if they meet statutory requirements.
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 New Jersey.