{"id":372496,"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\/marital-property.html"},"modified":"2024-09-02T13:14:32","modified_gmt":"2024-09-02T18:14:32","slug":"marital-property","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/family-laws\/marital-property.html","title":{"rendered":"State Marital Property Laws"},"content":{"rendered":"\n
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\n \n State Marital Property Laws\n <\/h1>\n \n All states have their own specific property laws.\n <\/p>\n <\/div>\n<\/div>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/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

Marital property laws dictate the respective rights of a married couple on property acquired before and during the marriage, including real estate, insurance policies, other assets, debts, and other financial obligations. These laws typically come into play when a married couple decides to divorce<\/a>.<\/p>\r\n

Summary of Marital Property Laws<\/b><\/h2>\r\n

All states have their own specific property laws. In general, these come into play during divorce or legal separation. A few marital property laws affect probate during intestate succession. The links below go to state-specific marital property laws. This section discusses property laws common to all states.<\/p>\r\n

What Is Marital Property?<\/b><\/h3>\r\n

Marital property is all property acquired by both spouses during marriage. It may include a spouse\u2019s property, which they use for the marital estate. Or it may include community property on which the couple spends their joint income.<\/p>\r\n

In the event of a divorce or legal separation, all things considered community property are subject to division by the courts. The laws of the state determine property division.<\/p>\r\n

Most states are common-law states. In these states, property division follows equitable division<\/a> rules. Equitable division, or equitable distribution, means courts divide property fairly but not always equally.<\/p>\r\n

Nine states are community property states<\/a>. In these states, spouses divide property 50\/50. State laws require both spouses to get equal amounts of the marital estate, even if they must sell marital assets and divide the profit divided.<\/p>\r\n

What Assets Are Marital Assets?<\/b><\/h3>\r\n

The types of property subject to division under marital property laws are the same in virtually all states. They include:<\/p>\r\n