Community property states

How each state divides property and debts in a divorce: community property or equitable distribution.

Community property states in our guides

Arizona: Property and debts either spouse gets during the marriage are usually community and are divided equitably, which in practice usually means close to equal.
California: Property and debts from the marriage are community and are usually split equally.
Idaho: Community property (generally what either spouse got during the marriage) is divided substantially equally unless there are compelling reasons otherwise.
Louisiana: Property acquired during the marriage is community property, owned equally.
Nevada: Community property must be divided equally as far as practicable.
New Mexico: New Mexico is a community property state: property and debts acquired during the marriage generally belong to both spouses, while property owned before marriage, gifts and inheritances are separate.
Texas: Community property (generally what either spouse got during the marriage) is divided in a way the court finds 'just and right' — not necessarily 50/50.
Washington: Washington is a community property state, but the court divides all property and debts (community and separate) in a way that is 'just and equitable,' not necessarily 50/50, without regard to misconduct.
Wisconsin: Wisconsin is a marital (community) property state.

What it means

Community property: property and debts either spouse got during the marriage generally belong to both. Some community property states divide them equally; others divide them in a way the court finds fair.

Equitable distribution: the court divides marital property and debts fairly, which is not always 50/50, looking at factors such as the length of the marriage and each spouse's income.

In both systems, property you owned before the marriage, gifts and inheritances are usually separate and stay with their owner. Read your state's rule.

Sort:

State	System	The rule
Alabama	Equitable distribution	The marital estate is divided in a way the judge finds fair, not always 50/50.
Alaska	Equitable distribution	The judge divides marital property and debt fairly, which is not always 50/50.
Arizona	Community property	Property and debts either spouse gets during the marriage are usually community and are divided equitably, which in practice usually means close to equal.
Arkansas	Equitable distribution	Marital property is divided equally unless the judge finds that would be unfair and explains why.
California	Community property	Property and debts from the marriage are community and are usually split equally.
Colorado	Equitable distribution	Marital property is divided in a way the judge finds fair (not always 50/50), without considering marital misconduct.
Connecticut	Equitable distribution	The judge can assign all or part of either spouse's property to the other, dividing it fairly after looking at factors like length of marriage, why it ended, age, health, income, earning capacity and each spouse's contributions.
Delaware	Equitable distribution	If either spouse asks, the court divides marital property fairly, without regard to marital misconduct, looking at factors like length of the marriage, each spouse's income and needs, and contributions including as homemaker.
District of Columbia	Equitable distribution	Each spouse keeps their sole and separate property (such as property from before the marriage or gifts and inheritances).
Florida	Equitable distribution	Each spouse keeps their nonmarital property.
Georgia court self-help	Check with your court
Hawaii	Equitable distribution	The family court divides and distributes the spouses' property and debts in a way that is just and equitable, considering each spouse's merits and abilities, the condition each will be left in, and the burdens of supporting the children.
Idaho	Community property	Community property (generally what either spouse got during the marriage) is divided substantially equally unless there are compelling reasons otherwise.
Illinois	Equitable distribution	Each spouse keeps their non-marital property (for example, what they owned before marriage or got by gift or inheritance).
Indiana	Equitable distribution	All property of both spouses goes into the marital pot, and the court presumes an equal split is fair.
Iowa	Equitable distribution	The court divides all property fairly, whether acquired before or during the marriage, except gifts and inheritances.
Kansas	Equitable distribution	The court divides all property, whether owned before marriage, acquired individually, or acquired together, in a just and reasonable way.
Kentucky	Equitable distribution	Each spouse keeps their nonmarital property (owned before marriage, or gifts and inheritances).
Louisiana	Community property	Property acquired during the marriage is community property, owned equally.
Maine	Equitable distribution	Each spouse keeps their nonmarital property (owned before marriage, gifts, inheritances).
Maryland	Equitable distribution	The court decides what is marital property and its value, and can give a monetary award to balance things out so the division is fair, not necessarily equal.
Massachusetts	Equitable distribution	The court can divide all property either spouse owns, including property from before the marriage, in a way that is fair, considering factors like length of the marriage, conduct, age, health, income, needs, and contributions (including as homemaker).
Michigan	Equitable distribution	Marital property and debts are divided fairly (not always 50/50), based on factors like length of the marriage, contributions, earning abilities, needs and sometimes fault.
Minnesota	Equitable distribution	The court makes a just and equitable division of marital property without regard to marital misconduct.
Mississippi	Equitable distribution	Marital property is divided fairly (not always equally) using factors the Mississippi Supreme Court set out (the 'Ferguson factors'), such as contributions to the property, the family and the marriage, needs, and other assets.
Missouri	Equitable distribution	Each spouse keeps their nonmarital property; marital property and debts are divided in proportions the court finds just, considering economic circumstances (including who keeps the family home with the children), each spouse's contributions (including as homemaker), the value of nonmarital property, conduct during the marriage, and custody arrangements.
Montana	Equitable distribution	The judge divides all property of either spouse fairly (not always 50/50), whenever and however it was acquired, without regard to marital misconduct.
Nebraska	Equitable distribution	The judge divides property in a way that is reasonable, looking at the length of the marriage, each spouse's contributions (including caring for the children and lost career chances) and the circumstances of both of you.
Nevada	Community property	Community property must be divided equally as far as practicable.
New Hampshire court self-help	Check with your court
New Jersey	Equitable distribution	The court divides marital property fairly (equitable distribution), weighing factors such as length of marriage, age and health, income and earning capacity, contributions, and any written agreement.
New Mexico	Community property	New Mexico is a community property state: property and debts acquired during the marriage generally belong to both spouses, while property owned before marriage, gifts and inheritances are separate.
New York	Equitable distribution	Marital property is divided fairly (equitable distribution), not necessarily 50/50, using factors in the statute such as length of marriage, income, contributions as a homemaker, and domestic violence.
North Carolina	Equitable distribution	The court divides marital property equally unless it finds an equal split is not fair.
North Dakota	Equitable distribution	The court makes an equitable (fair) division of all property and debts.
Ohio	Equitable distribution	Marital property is divided equally unless an equal split would be unfair; then the court divides it in the way it finds equitable, using the statute's factors.
Oklahoma	Equitable distribution	Each spouse keeps what they owned before marriage.
Oregon	Equitable distribution	The court divides property in a way that is 'just and proper.' It presumes both spouses contributed equally to property acquired during the marriage, counts homemaking as a contribution, and treats retirement plans as property.
Pennsylvania	Equitable distribution	If either spouse asks, the court divides marital property fairly, without regard to marital misconduct, using factors like length of marriage, income, earning ability, contributions (including as homemaker) and the needs of each spouse.
Rhode Island	Equitable distribution	The court may assign each spouse a share of the other's estate after considering factors such as length of marriage, conduct, contributions to acquiring and keeping property, and homemaker services.
South Carolina	Equitable distribution	If either spouse asks, the court makes an equitable apportionment of marital property, weighing factors including length of marriage, ages, marital misconduct, contributions, income and earning potential, and custody of children.
South Dakota	Equitable distribution	The court may make an equitable division of property belonging to either or both spouses, no matter whose name is on the title, considering fairness and the circumstances of both of you.
Tennessee court self-help	Check with your court
Texas	Community property	Community property (generally what either spouse got during the marriage) is divided in a way the court finds 'just and right' — not necessarily 50/50.
Utah	Equitable distribution	The court may make equitable orders dividing property, debts and obligations.
Vermont	Equitable distribution	The court equitably divides all property of either spouse, however and whenever acquired, considering factors like length of marriage, age, health, income, job skills and contributions.
Virginia	Equitable distribution	If either spouse asks, the court classifies property as separate, marital or part of each, values it, and can make an equitable monetary award or divide retirement benefits, using statutory factors.
Washington	Community property	Washington is a community property state, but the court divides all property and debts (community and separate) in a way that is 'just and equitable,' not necessarily 50/50, without regard to misconduct.
West Virginia	Equitable distribution	The court divides marital property equally between the spouses, unless an exception in the law applies (such as a valid agreement or factors that make equal division unfair).
Wisconsin	Community property	Wisconsin is a marital (community) property state.
Wyoming	Equitable distribution	The court divides property in a way that is just and equitable, considering the merits of each spouse, how each will be left after the divorce, who acquired the property and burdens on it.

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