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Community property states are like California. Husband and Wife share 50% ownership of all that each other owns or is entitled to at the time of divorce. When they divorce, the court will simply add it all up, and divide by two.

Non-community property states divide assets based on "equitable distribution", which means they account for property owed prior to getting married, amount of money invested in a business owned by the spouse without ownership passing to the other person, etc.

Communtiy property states are mostly western states and the concept dates back to the pioneer days of mail-order brides. There weren't many women on the west coast to marry. If you wanted one, you had to marry a girl back east, and lure her to the West. No girl would risk life and limb to travel west without a guarrantee from lawmakers that said a mairred woman was entitled to half of whatever her spouse owns. That way, if the wife showed up ugly, and was abandoned by the new spouse, she wouldn't be left homeless. It's silly nowadays, but still the law in those states. That's why Californians invented prenuptual agreements to cancel the effects out.

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13y ago
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6mo ago

A community property state is a jurisdiction where marital assets acquired during the marriage are considered jointly owned by both spouses, regardless of who earned the income or whose name is on the title. In these states, marital property is split equally in the event of divorce or separation.

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Q: What is the definition of community property state?
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What does community property state mean?

The term community property state means that the community property in a marriage divided equally between the two parties when there is a divorce. This property usually does not include property owned before the marriage.


Is inherited property community property?

No. But the inheritance should always be kept separate and not co-mingled with marital property.


Is inheritance affected by community property law in Texas ?

Yes, inheritance can be affected by community property law in Texas because spouses in a community property state typically own equal shares of all marital property acquired during the marriage, which can impact inheritance rights and obligations upon the death of one spouse. Any property owned as community property at the time of death of one spouse may be subject to specific rules under community property laws that could affect inheritance rights. It's important to consult with a legal professional to understand how community property laws in Texas may impact inheritance.


In what circumstances can separate property become community property?

Separate property can become community property through commingling, transmutation, or a legal agreement between spouses stating an intent to convert separate property to community property. Commingling occurs when separate property is mixed with community property, making it difficult to distinguish which portion is separate and which is community. Transmutation refers to the intentional change in character of property from separate to community through actions or behavior of the spouses.


Can a spouse leave all her bank accounts to her child upon death or does the husband get it regardless of what the will says because of community property?

In community property states, assets acquired during the marriage are generally considered joint property regardless of the will. However, the specific laws vary by state, so it's advisable to consult with a lawyer to understand the implications for your situation. A spouse may still be entitled to a portion of the assets depending on the state's laws and individual circumstances.

Related questions

Is the state of Washington a separate property state?

Washington is a community property state.Washington is a community property state.Washington is a community property state.Washington is a community property state.


What does non community property mean?

A non-community property state is a separate property state.A non-community property state is a separate property state.A non-community property state is a separate property state.A non-community property state is a separate property state.


Is Alabama a community property state?

No. In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.Oklahoma is not a community property state.


Is the State of Iowa a Community Property State?

Iowa is not a community property state.


Does the state i live in divorce laws applied to me if i was married in a different state?

The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.


Is property acquired after a marriage considered community property in a non community property state such as Illinois?

In a community property state property purchased after marriage becomes the property of both parties.Community property rules govern in community property states. Property ownership is different in separate property statesand those rules allow a spouse to acquire separately owned property in some cases.


Is it community property if the inherited property was not in a community property state?

Inherited property is not generally considered community property. However, if the property is located in another state, the property laws in that state govern. For example, California is a community property state. If the married couple from California inherited land in massachusetts, that land would not be held as community property since Massachusetts is a separate property state. If the California wife purchased property in her own right in massachusetts it would not become community property of the marriage. Massachusetts law would govern the ownership of the property.


Are farm crops community property?

If You are married in a community property state yes


If property is purchased in your husbands name only is it considered community property?

If the property was purchased during the marriage it is community property if you live in a community property state.


Is Pennsylvania an equitable distribution state or a community property state?

No Pennsylvania is not a community property state. It does view all property gained over the course of a marriage to be eligible for equitable distribution however, no matter whose name the property is in.


If property acquired after marriage in a community property state considered to be community property if a loan is taken against the property.?

Yes.Yes.Yes.Yes.


Is Mississippi a community property state?

No it is not.