Community Property in Pennsylvania
State-specific overview · Family Law
Pennsylvania is a common law state; marital property is equitably divided, not automatically equal.
How Pennsylvania treats Community Property
Pennsylvania does not recognize community property. Instead, courts divide 'marital property'—assets acquired during the marriage—equitably between spouses, which may or may not be 50/50. Separate property, including assets owned before marriage or received as gifts or inheritance, remains with the original owner. The court considers factors such as each spouse's contribution to the marriage, earning capacity, and standard of living when determining a fair division.
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 Pennsylvania.