#61 · 2026-10-06 · Legal term
Community property
Answer: Community property. In jurisdictions using this regime, assets and income acquired during marriage by either spouse belong equally to both, and debts incurred then are often shared. ([law.cornell.edu](https://www.law.cornell.edu/wex/community_Property)) Unlike equitable-distribution states, which aim for fairness, these jurisdictions generally divide marital acquisitions equally. ([law.cornell.edu](https://www.law.cornell.edu/wex/equitable_distribution)) Some states also allow a survivorship form that passes a decedent’s half to the survivor, avoiding probate. ([law.cornell.edu](https://www.law.cornell.edu/wex/community_property_with_right_of_survivorship)) Rules vary by state, and many states instead use equitable distribution. ([law.cornell.edu](https://www.law.cornell.edu/wex/equitable_distribution))
Rule to remember
Community property is a marital property regime in certain U.S. states under which spouses equally own assets and income acquired during marriage; debts from that period are commonly shared. Separate property generally remains outside the marital estate, and some states offer a right-of-survivorship variant. State rules and classifications vary.
Key elements and checks
- Acquisitions and earnings during marriage by either spouse are jointly owned.
- Equal (50-50) division of the marital community is the default at divorce in these jurisdictions.
- Debts incurred during marriage are commonly included in the joint estate.
- Premarital and other statutorily defined assets remain separate unless transmuted or otherwise provided by law.
- Most other states use equitable distribution, dividing fairly rather than necessarily equally.
- Significant state-by-state variation, including optional survivorship forms in some jurisdictions.
In the source’s words
“Under community property laws, both spouses own everything equally, regardless of who purchased it or earned the income.”
community property | Legal Information Institute (Wex)
“Equitable distribution of marital property is distinct from an equal (i.e., 50-50) division of marital property, which is generally used in community property states.”
equitable distribution | Legal Information Institute (Wex)
This doctrine is state-specific. Fewer states follow it than follow equitable distribution, and management, classification, and survivorship options differ by jurisdiction.