Community Property States — 2026 Property Division Guide
Nine states are true community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska allows opt-in community property by agreement. The remaining 41 states and DC use equitable distribution, where courts divide marital assets fairly based on multiple factors — not necessarily 50/50.
Community Property vs. Equitable Distribution
How your state treats marital property has major implications for divorce, estate planning, and creditor protection. The United States is divided between two systems, and knowing which one applies to you is the starting point for any property division analysis.
In the nine community property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI), assets and debts acquired during marriage are presumed to belong equally to both spouses. The legal theory is that marriage is an economic partnership, and each spouse contributes equally to that partnership regardless of who earned more money. Divorce courts generally split community assets 50/50.
In equitable distribution states — the remaining 41 states and DC — there is no 50/50 presumption. Courts have broad discretion to divide marital assets in whatever way they determine is fair, considering factors like each spouse's financial circumstances, the length of the marriage, and each spouse's contributions. In practice, long marriages between spouses with similar financial situations often result in roughly equal splits, but that is not guaranteed. Use our property division calculator to estimate how assets might be divided in your state.
Important: This tool provides educational estimates only — not legal advice. Made For Law is not a law firm and is not affiliated with, endorsed by, or connected to any federal, state, county, or local government agency or court system. Calculator results are based on statutory formulas and publicly available fee schedules — not AI. Supporting content is AI-assisted and editorially reviewed. Results may not reflect recent legislative changes or your specific circumstances. Do not rely solely on these estimates — always verify with official sources and consult a licensed attorney before making legal or financial decisions. Full disclaimer
50-State Comparison
| State | Property System | Division Approach | Statute |
|---|---|---|---|
| Alabama | Equitable distribution | Court divides assets fairly — not necessarily equally | Ala. Code § 30-2-51 |
| Alaska | Equitable distribution | Court divides assets fairly — not necessarily equally | Alaska Stat. § 25.24.160 |
| Arizona | Community property | Marital assets divided 50/50 (with limited exceptions) | A.R.S. § 25-211 |
| Arkansas | Equitable distribution | Court divides assets fairly — not necessarily equally | Ark. Code Ann. § 9-12-315 |
| California | Community property | Marital assets divided 50/50 (with limited exceptions) | Cal. Fam. Code §§ 760, 2550 |
| Colorado | Equitable distribution | Court divides assets fairly — not necessarily equally | C.R.S. § 14-10-113 |
| Connecticut | Equitable distribution | Court divides assets fairly — not necessarily equally | Conn. Gen. Stat. § 46b-81 |
| Delaware | Equitable distribution | Court divides assets fairly — not necessarily equally | Del. Code tit. 13, § 1513 |
| District of Columbia | Equitable distribution | Court divides assets fairly — not necessarily equally | D.C. Code § 16-910 |
| Florida | Equitable distribution | Court divides assets fairly — not necessarily equally | Fla. Stat. § 61.075 |
| Georgia | Equitable distribution | Court divides assets fairly — not necessarily equally | O.C.G.A. § 19-5-13 |
| Hawaii | Equitable distribution | Court divides assets fairly — not necessarily equally | Haw. Rev. Stat. § 580-47 |
| Idaho | Community property | Marital assets divided 50/50 (with limited exceptions) | Idaho Code § 32-712 |
| Illinois | Equitable distribution | Court divides assets fairly — not necessarily equally | 750 ILCS 5/503 |
| Indiana | Equitable distribution | Court divides assets fairly — not necessarily equally | Ind. Code § 31-15-7-4 |
| Iowa | Equitable distribution | Court divides assets fairly — not necessarily equally | Iowa Code § 598.21 |
| Kansas | Equitable distribution | Court divides assets fairly — not necessarily equally | Kan. Stat. Ann. § 23-2802 |
| Kentucky | Equitable distribution | Court divides assets fairly — not necessarily equally | Ky. Rev. Stat. § 403.190 |
| Louisiana | Community property | Marital assets divided 50/50 (with limited exceptions) | La. Civ. Code art. 2336 |
| Maine | Equitable distribution | Court divides assets fairly — not necessarily equally | Me. Rev. Stat. tit. 19-A, § 953 |
| Maryland | Equitable distribution | Court divides assets fairly — not necessarily equally | Md. Code, Fam. Law § 8-205 |
| Massachusetts | Equitable distribution | Court divides assets fairly — not necessarily equally | Mass. Gen. Laws ch. 208, § 34 |
| Michigan | Equitable distribution | Court divides assets fairly — not necessarily equally | Mich. Comp. Laws § 552.19 |
| Minnesota | Equitable distribution | Court divides assets fairly — not necessarily equally | Minn. Stat. § 518.58 |
| Mississippi | Equitable distribution | Court divides assets fairly — not necessarily equally | Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994) |
| Missouri | Equitable distribution | Court divides assets fairly — not necessarily equally | Mo. Rev. Stat. § 452.330 |
| Montana | Equitable distribution | Court divides assets fairly — not necessarily equally | Mont. Code Ann. § 40-4-202 |
| Nebraska | Equitable distribution | Court divides assets fairly — not necessarily equally | Neb. Rev. Stat. § 42-365 |
| Nevada | Community property | Marital assets divided 50/50 (with limited exceptions) | Nev. Rev. Stat. § 125.150 |
| New Hampshire | Equitable distribution | Court divides assets fairly — not necessarily equally | N.H. Rev. Stat. § 458:16-a |
| New Jersey | Equitable distribution | Court divides assets fairly — not necessarily equally | N.J. Stat. § 2A:34-23.1 |
| New Mexico | Community property | Marital assets divided 50/50 (with limited exceptions) | N.M. Stat. § 40-4-7 |
| New York | Equitable distribution | Court divides assets fairly — not necessarily equally | N.Y. Dom. Rel. Law § 236(B)(5) |
| North Carolina | Equitable distribution | Court divides assets fairly — not necessarily equally | N.C. Gen. Stat. § 50-20 |
| North Dakota | Equitable distribution | Court divides assets fairly — not necessarily equally | N.D. Cent. Code § 14-05-24 |
| Ohio | Equitable distribution | Court divides assets fairly — not necessarily equally | Ohio Rev. Code § 3105.171 |
| Oklahoma | Equitable distribution | Court divides assets fairly — not necessarily equally | Okla. Stat. tit. 43, § 121 |
| Oregon | Equitable distribution | Court divides assets fairly — not necessarily equally | Or. Rev. Stat. § 107.105 |
| Pennsylvania | Equitable distribution | Court divides assets fairly — not necessarily equally | 23 Pa. C.S. § 3502 |
| Rhode Island | Equitable distribution | Court divides assets fairly — not necessarily equally | R.I. Gen. Laws § 15-5-16.1 |
| South Carolina | Equitable distribution | Court divides assets fairly — not necessarily equally | S.C. Code Ann. § 20-3-620 |
| South Dakota | Equitable distribution | Court divides assets fairly — not necessarily equally | S.D. Codified Laws § 25-4-44 |
| Tennessee | Equitable distribution | Court divides assets fairly — not necessarily equally | Tenn. Code Ann. § 36-4-121 |
| Texas | Community property | Marital assets divided 50/50 (with limited exceptions) | Tex. Fam. Code § 7.001 |
| Utah | Equitable distribution | Court divides assets fairly — not necessarily equally | Utah Code § 30-3-5 |
| Vermont | Equitable distribution | Court divides assets fairly — not necessarily equally | Vt. Stat. tit. 15, § 751 |
| Virginia | Equitable distribution | Court divides assets fairly — not necessarily equally | Va. Code § 20-107.3 |
| Washington | Community property | Marital assets divided 50/50 (with limited exceptions) | Wash. Rev. Code § 26.09.080 |
| West Virginia | Equitable distribution | Court divides assets fairly — not necessarily equally | W. Va. Code § 48-7-101 |
| Wisconsin | Community property | Marital assets divided 50/50 (with limited exceptions) | Wis. Stat. § 767.61 |
| Wyoming | Equitable distribution | Court divides assets fairly — not necessarily equally | Wyo. Stat. § 20-2-114 |
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Frequently Asked Questions
What are the community property states?▾
Nine states follow community property rules: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska is an opt-in community property state — spouses can choose to designate certain assets as community property. All other states use equitable distribution. Tennessee also allows couples to opt in by agreement.
What is the difference between community property and equitable distribution?▾
In community property states, most assets and debts acquired during marriage belong equally (50/50) to both spouses. On divorce, each spouse keeps their separate property (owned before marriage or received by gift/inheritance) and the community property is split equally. In equitable distribution states, courts divide marital property fairly based on factors like each spouse's income and earning potential, length of marriage, contributions to the marriage, and economic circumstances — 'fair' does not mean 50/50.
What counts as separate property in community property states?▾
Separate property typically includes assets owned before the marriage, gifts received by one spouse individually (even during marriage), inheritances, and personal injury damages awarded to one spouse (in most states). However, separate property can become 'commingled' with community property over time — for example, if you deposit a pre-marital inheritance into a joint bank account and mix it with marital income, it may lose its separate character. Keeping clear records of separate property is critical.
How does community property affect estate planning?▾
In community property states, each spouse owns half of all community property. When one spouse dies, they can only give away their half in a will or trust — the surviving spouse automatically keeps their half regardless of the will's terms. This is different from equitable distribution states, where a surviving spouse has a statutory 'elective share' (typically 30–50%) but the deceased spouse could theoretically leave everything to someone else (subject to that floor). Community property states also offer a step-up in tax basis on the entire property when one spouse dies, which can significantly reduce capital gains taxes for the survivor.
If we move from a community property state to a non-community property state, what happens to our property?▾
Property acquired while living in a community property state generally retains its community property character even after a move. This is called 'quasi-community property' in some states. If you later divorce in an equitable distribution state, courts may still treat those assets as though they were community property. The reverse is also true — assets acquired in equitable distribution states while living there are typically treated as marital property if you later move to a community property state and divorce there.
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