Community property states presume assets acquired during marriage belong equally to both spouses, with separate property comprising pre-marital assets, gifts, and inheritances. Division is presumptively equal.
Nine states plus Puerto Rico apply the regime.
Alternative Names:
Community Property Regime|Marital Community
Why it Matters?
Presumptive equal division reduces the discretionary range compared to equitable distribution, which shifts litigation almost entirely to characterization since classifying an asset as separate removes it from division rather than merely affecting its weight. Commingling converts separate property to community in many circumstances absent tracing. Income from separate property is treated differently across community property states, which is a meaningful variation.
Frequently Confused with
Related terms
Frequently asked questions
Where does litigation concentrate?
Is income from separate property community?
