Community Property and Divorce



Community Property and Divorce: generally, each spouse has an equal share of whatever is acquired during the marriage, or, property will be split 50-50.

Community Property States:

  • Arizona,
  • California,
  • Idaho,
  • Louisiana,
  • Nevada,
  • New Mexico,
  • Texas,
  • Washington.
Marital Property, or Community Property:
  • Includes assets, like your home,
  • Bank accounts/cash,
  • Pensions,
  • IRAs,
  • 401k, 403b,
  • Stocks, bonds, CDs, mutual funds,
  • Art/antiques,
  • A business that started during the marriage,

The marital property may also include liabilities, such as joint credit card debts. Yet, because each state's laws are different, you could live in a community property state and have certain assets divided using equitable distribution, or vice-versa. Because community property and division during divorce can be so complicated, always ask for legal advice from a qualified attorney, such as in the Legal Match system below!

Separate Property, Non-marital Property:

  • Generally, anything that was acquired before the marriage, or was a gift or inheritance.


Some states--Arizona, California, New Mexico, and Washington--have what's called quasi-community property laws. This means that if a couple is living in one of these four states, then acquires a property elsewhere, that that property would fall under the quasi-community property laws, and would be split accordingly. Ask attorneys in your area if this applies to you.

Attorney help for your property issues: Legal Match Info (one of the companies with a great reputation for helping their clients, great BBB rating)! Need a Divorce Lawyer?

Inheritances and Commingling

Why You Need A Property Settlement Agreement

Real Divorce Recommends:

Return from Community Property and Divorce to Divorce Paperwork

Useful Links:

Disclaimer: The information on this site is for educational purposes only. It is not legal advice and may not apply to your situation. I take the time to gather the best information to those going through divorce, and offer a place for readers to learn, get support and fantastic resources, and find applicable products that are a good fit for them. You can support this site by purchasing high quality products or services from the sponsors I link to.





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