DocketX / Glossary / community property
Community property is a legal rule in some states that says anything a married couple earns or buys during their marriage is owned equally by both spouses, not just the one who earned it.
This term describes a system of marital property ownership where assets and debts acquired during the marriage (with a few exceptions like gifts or inheritances to one spouse) are presumed to belong to both spouses equally. In a court case, it usually appears in divorce proceedings or disputes over a spouse’s estate after death, where the court must classify each asset or debt as either community property (split equally) or separate property (kept by one spouse).
If you are in a case in a community property state, how assets and debts are classified dramatically affects what you get or owe after a divorce or death. You must show whether an item was acquired before or during the marriage, and whether a gift or inheritance was involved, because that determines whether it is split 50/50 or kept by one person.
People often think 'community property' means everything a couple owns is split equally, but separate property—items owned before marriage or received as a gift or inheritance—is not divided. Another common mistake is assuming moving to a community property state changes the ownership of assets already owned, which it usually does not.
Get the actual rule
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
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General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.