{"id":372488,"date":"2016-03-31T21:34:53","date_gmt":"2016-04-01T02:34:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/family-laws\/details-on-state-marital-property-laws.html"},"modified":"2024-06-04T10:40:39","modified_gmt":"2024-06-04T15:40:39","slug":"details-on-state-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/family-laws\/details-on-state-marital-property-laws.html","title":{"rendered":"Details on State Marital Property Laws"},"content":{"rendered":"\n
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Details on State Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Anything acquired by a married couple during the marriage may be community property or marital property<\/a>. Marital property is anything that adds value to the marital estate. State marital property laws define exactly what is and is not community property in cases of divorce or legal separation.<\/p>\r\n

Marital property and property rights are important if one spouse dies. The surviving spouse receives a percentage of the deceased spouse’s separate and community property, depending on whether there is a will or any children. For information about wills and estate planning, visit FindLaw’s section on Probate Law<\/a>.<\/p>\r\n

Marital property laws focus on the division of property during a divorce. Regardless of property division laws, which spouse receives what property can be a subject of bitter argument during a divorce. State laws create presumptive types of property used in divorce proceedings.<\/p>\r\n

See FindLaw’s Marriage, Money, and Property<\/a> and Divorce and Property<\/a> sections for additional articles, including Marriage Property Basics<\/a> and Inheritance and Divorce<\/a>.<\/p>\r\n

Community Property vs. Separate Property<\/b><\/h2>\r\n

During a divorce, both marital assets and debts are marital property. Generally, property acquired before marriage is separate property, while anything obtained after the marriage date is community property.<\/p>\r\n

Unless a couple is incredibly efficient and foresighted, the distinction between separate and community property is seldom that clear. Divorce laws recognize that both partners contribute to the value of marital property during marriage, whether the title is in both spouses’ names or only one.<\/p>\r\n

For instance, one spouse might own a house before marriage. The house would be their separate property. But the other spouse might spend time and money remodeling the home. In the event of a divorce, the spouse receives the value of the time and expense of improving the home.<\/p>\r\n

Community property and equitable division laws recognize that ownership is only part of property value in a divorce. Different states use different types of laws to divide and distribute property during marital dissolution.<\/p>\r\n

Community Property States<\/b><\/h3>\r\n

Community property states<\/a> consider that all property acquired during marriage belongs to the community. During a divorce, the court divides the property equally between the parties unless one person can show they deserve a larger share or prove that it\u2019s their own property separate from the community.<\/p>\r\n

Nine states are community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska allows couples to opt in to a community property agreement if they choose. Connecticut is an all-property state, with no separate property during marriage.<\/p>\r\n

Community property laws require parties to divide all marital property 50\/50 during a dissolution. The court has the property appraised and divides the total value in half. For instance, if the parties can\u2019t agree on who gets the house, the judge will order them to sell it and split any profits.<\/p>\r\n

If you live in a community property state, the best way to keep property separate is with a prenuptial agreement. The agreement specifies what property will belong to whom during a divorce. Couples should have their own bank accounts, with a joint account for household expenses.<\/p>\r\n

Equitable Distribution<\/b><\/h3>\r\n

The remaining states are common-law states since their divorce laws are based on English common law. They use a system of equitable distribution for property distribution during divorce. This method considers each partner’s contributions to the marriage and their needs after the divorce.<\/p>\r\n

Courts attempt an "equal" distribution of assets in equitable distribution states, but there is less effort to divide everything 50\/50. Some factors courts may consider during equitable distribution include:<\/p>\r\n