Community Property vs. Equitable Distribution

Every U.S. state divides marital property under one of two systems. Which one applies to you is determined by where your divorce is filed.

Community property

A minority of states treat most property acquired during the marriage as owned equally by both spouses, with a starting point of a 50/50 split on divorce.

Equitable distribution

Most states divide marital property based on what the court considers fair, weighing statutory factors. Fair does not always mean an even split.

Find your state's rule

Which system applies — and the specific factors a judge must weigh — depends entirely on your state. See your state's guide for the governing statute and factors.

Common Questions

Which states are community property states?

A small group of states use community property. Your state guide states which system applies and cites the governing statute.

Does equitable distribution mean a 50/50 split?

Not necessarily. Equitable distribution aims for a fair division, which a court may set above or below 50/50 based on statutory factors.