Community Property
In one sentence
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Plain English
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.
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Example
A wife earns $100,000 per year while her husband stays home in California, a community property state. That income is community property, meaning the husband owns half of it even though he didn't earn it. If they divorce, he's entitled to half of the assets accumulated during the marriage.
Used in a sentence
“The court divided the community property equally between the spouses as required by state law.”
How Community Property differs by state
Community Property can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama does not recognize community property; marital property division follows equitable distribution principles instead.
Alaska
Alaska permits spouses to elect community property treatment through written agreement, though it is not the default rule.
Arizona
Arizona recognizes community property; all property acquired during marriage belongs equally to both spouses unless acquired by gift or inheritance.
Arkansas
Arkansas does not recognize community property; courts divide marital property equitably based on statutory factors and individual circumstances.
California
California recognizes community property; all earnings and property acquired during marriage belong equally to both spouses unless acquired by gift or inheritance.
Colorado
Colorado is an equitable distribution state, not community property; courts divide marital property fairly but not necessarily equally.
Connecticut
Connecticut uses equitable distribution; marital property acquired during marriage is divided fairly, with courts considering length of marriage and each spouse's contributions.
Delaware
Delaware applies equitable distribution to marital property; courts divide assets fairly based on statutory factors, not automatic equal split.
Florida
Florida is an equitable distribution state; courts divide marital property fairly based on statutory factors, not as automatic 50-50 splits.
Georgia
Georgia uses equitable distribution; courts divide marital property fairly based on statutory factors, not automatic equal ownership.
Hawaii
Hawaii treats property acquired during marriage as community property, with a unique twist allowing separate property agreements.
Idaho
Idaho is a community property state where all property acquired during marriage belongs equally to both spouses by default.
Illinois
Illinois is not a community property state; it uses equitable distribution, dividing marital property fairly but not necessarily equally.
Indiana
Indiana is not a community property state; courts divide marital property equitably based on statutory factors, not automatic equal ownership.
Iowa
Iowa is not a community property state; it divides marital property equitably, with courts considering each spouse's contributions and circumstances.
Kansas
Kansas does not recognize community property; marital property is divided equitably based on fairness, not equal ownership.
Kentucky
Kentucky does not recognize community property; courts divide marital property equitably based on statutory factors and fairness.
Louisiana
Louisiana recognizes community property; spouses own equally all property acquired during marriage except separate property.
Maine
Maine does not recognize community property; courts divide marital property equitably based on statutory factors, not equal ownership.
Maryland
Maryland does not recognize community property; courts divide marital property equitably based on fairness and statutory factors.
Massachusetts
Massachusetts does not recognize community property; marital property is divided equitably based on statutory factors at divorce.
Michigan
Michigan does not recognize community property; courts divide marital property equitably, favoring roughly equal division in most cases.
Minnesota
Minnesota does not recognize community property; marital property is divided equitably, with courts presuming equal division is fair.
Mississippi
Mississippi recognizes community property for property acquired during marriage, with both spouses owning equal interests automatically.
Missouri
Missouri does not recognize community property; marital property is divided equitably, with courts considering all relevant statutory factors.
Montana
Montana is a common law property state; community property rules do not apply to married couples.
Nebraska
Nebraska is a common law property state; community property does not apply to married couples.
Nevada
Nevada is a community property state; most property acquired during marriage is owned equally by both spouses.
New Hampshire
New Hampshire is a common law property state; community property rules do not apply to married couples.
New Jersey
New Jersey is a common law property state; community property does not apply to married couples.
New Mexico
New Mexico treats all property acquired during marriage as community property, with equal ownership and division rights upon divorce.
New York
New York uses equitable distribution, not community property; courts divide marital property fairly but not necessarily equally.
North Carolina
North Carolina uses equitable distribution; courts divide marital property fairly based on statutory factors, not automatic equal division.
North Dakota
North Dakota uses equitable distribution; courts divide marital property fairly considering statutory factors rather than automatic equal ownership.
Ohio
Ohio uses equitable distribution; courts divide marital property fairly based on statutory factors, not automatic equal division.
Oklahoma
Oklahoma is a common law property state; spouses do not automatically own marital property equally.
Oregon
Oregon is a common law state but treats most marital property as jointly owned for divorce purposes.
Pennsylvania
Pennsylvania is a common law state; marital property is equitably divided, not automatically equal.
Rhode Island
Rhode Island is a common law state; marital property is equitably divided based on multiple factors.
South Carolina
South Carolina is a common law state; marital property is equitably divided, not automatically equal.
South Dakota
South Dakota does not recognize community property; all marital property is divided equitably based on fairness, not equal ownership.
Tennessee
Tennessee does not recognize community property; courts divide marital property equitably based on statutory factors and fairness principles.
Texas
Texas recognizes community property: spouses own equally all property earned during marriage, regardless of who earned or titled it.
Utah
Utah does not recognize community property; courts divide marital property equitably based on fairness and statutory factors, not automatic equal ownership.
Vermont
Vermont does not recognize community property; courts divide marital property equitably based on fairness factors, not automatic equal ownership.
Virginia
Virginia does not recognize community property; all marital property division follows equitable distribution principles instead.
Washington
Washington recognizes community property, making all earnings and assets acquired during marriage equally owned by both spouses.
West Virginia
West Virginia does not recognize community property; courts divide marital property equitably based on statutory factors.
Wisconsin
Wisconsin recognizes community property (called "marital property"), making all earnings and acquisitions during marriage equally owned.
Wyoming
Wyoming does not recognize community property; courts divide marital property equitably based on statutory factors and circumstances.
District of Columbia
D.C. recognizes community property only through written agreement; default is equitable distribution of marital property.
Related terms
Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Per Stirpes
A way of dividing an inheritance by family branch, where each branch gets an equal share regardless of how many people are in it.
Child Support
Court-ordered payments from one parent to the other for a child's living expenses.
Reversionary Interest
The right to reclaim property when someone else's temporary interest ends.
Alimony
Court-ordered payments from one spouse to another after divorce or separation.
Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.