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Community Property Distribution

 

In a community property state, each spouse is said to own equally all income and assets earned or obtained during the marriage.  All money earned during the marriage is equally owned between both spouses, regardless if only spouse worked.  In addition, both spouses are equally liable for debts incurred during the marriage. 

 

If the property is deemed to be separate property, it will not be included in the division of property.  Separate property is defined as follows:

 

·         Any property that was separately owned by either spouse by the marriage.

 

·         Gifts and inheritances from family before marriage as long as the assets were not commingled with the community property.

 

·         The pension proceeds of either spouse which vested before the marriage.

 

·         Real property owned by either spouse before the marriage.

 

·         Any businesses owned by either spouse before the marriage.

 

·         Written agreements between the spouses not to treat certain property as community property.

 

The community property distribution states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

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Divisions of Property Topics: (click on each for description)

Equitable Distribution

Documentation Needed for Property Division

 

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