By Susan Buckner, J.D. | Legally reviewed by Susan Buckner, J.D. | Last reviewed June 04, 2024
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When a couple marries or enters a domestic partnership, their property becomes marital property. All real and personal property acquired during the marriage becomes a marital asset if it enhances the marital estate’s value.
Marital property becomes important at two times in a couple's existence. One is after the death of a spouse since the surviving spouse receives a percentage of the marital estate. The other is during a divorce. The division of marital property is a major part of divorce proceedings. State laws differ regarding the division of personal and real property during dissolution.
Connecticut has an unusual way to divide property and assets. This article briefly overviews marital property laws in Connecticut.
State marital property laws fall into two categories based on how they divide assets.
Community property states divide marital assets 50/50 between the parties. For instance, if the marital home is worth $1 million, the parties must sell the property and divide the profits. If one party wants to keep the house, they must buy out the other party's interest. Only nine states are community property states.
Equitable distribution states base property distribution on a number of factors. Family law in these states bases asset division on what couples need and what is fair to all involved. Family court judges consider things like:
Connecticut is an equitable distribution state but with a twist. In Connecticut, all property becomes marital property. Connecticut courts have great discretion to award property in a divorce, regardless of title or date of acquisition.
In most equitable distribution states, judges generally award real estate and other titled property to the party whose name it’s in. In Connecticut, all property belongs equally to the divorcing couple. This can include inheritances, gifts, bank accounts, and separate property owned before the marriage.
Couples who want to protect separate property in Connecticut should have a prenuptial agreement or other writing stating how they own the property. Couples should consider mediation or other alternative resolutions in case of divorce or separation.
Community Property Recognized? |
No, but the Uniform Disposition of Community Property Rights at Death Act (UDCPRDA) was adopted; § 45a-458 et seq. of the Connecticut General Statutes |
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Dower and Curtesy |
No dower or curtesy when the marriage occurred after April 20, 1877 (§ 46b-36) |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Divorce can be a complex, emotionally-taxing process. A divorce attorney can help assess your case and distinguish between marital and separate property. Divorce lawyers will help you navigate your case using relevant Connecticut law. You can contact an experienced Connecticut divorce attorney if you would like legal assistance with a divorce.
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