Property Division by State

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By Steve Fuchs

Published: Feb 27, 2006

In the disposition of the marital home, there is a three-step analysis that is used by most states:

          1) Is the marital home considered marital property?
                    If “no,” then the owner keeps 100%
                    If “yes,” then go to step 2.
          2) What is the equity value?
          3) How is it divided?

Community Property v. Equitable Distribution

There are 11 community property states. The main difference between community property and equitable distribution is that in community property states there is an absolute 50-50 split of all property acquired during the “marital enterprise.” In equitable distribution states, more assets are considered “marital property,” but the split is not necessarily 50-50.

Warning: No two states are exactly the same, and this summary is not intended to be legal advice. Only your attorney can give a legal opinion. However, here are some of the basic rules that you may find helpful.

Alabama http://www.divorcenet.com/states/alabama#property_division

Alaska http://www.divorcenet.com/states/alaska#property_division

Arizona http://www.divorcenet.com/states/arizona#property_division

Arkansas http://www.divorcenet.com/states/arkansas#property_division

California – Community Property State
In California, all property acquired and income earned during the marriage, and while the parties lived together, is considered “community property” subject to a 50-50 division. However, property acquired prior to the marriage and property acquired by gift or inheritance, even during the marriage, is excluded.
http://www.divorcenet.com/states/california/cafaq03

Colorado http://www.divorcenet.com/states/colorado#property_division

Connecticut http://www.divorcenet.com/states/connecticut#property_division

Delaware http://www.divorcenet.com/states/delaware#property_division

District of Columbia http://www.divorcenet.com/states/district_of_columbia

Florida – Equitable Distribution State
In Florida, all property acquired and income earned during the marriage is considered marital property and subject to “equitable distribution.” Equitable does not necessarily mean equal, although 50-50 is the norm. Note that property acquired prior to the marriage and property acquired by gift or inheritance, even during the marriage, is excluded.
http://www.divorcenet.com/states/florida/equitable_distribution_of_property
http://www.divorcenet.com/states/florida/flfaq_01 (see bottom)

Georgia – Equitable Distribution State
In Georgia, all property acquired and income earned during the marriage is considered marital property and subject to “equitable distribution.” Equitable does not necessarily mean equal, although 50-50 is the norm. Note that property acquired prior to the marriage and property acquired by gift or inheritance, even during the marriage, is excluded. http://www.divorcenet.com/states/georgia#property_division

Hawaii http://www.divorcenet.com/states/hawaii#property_division

Idaho http://www.divorcenet.com/states/idaho#property_division

Illinois http://www.divorcenet.com/states/illinois#property_division

Indiana http://www.divorcenet.com/states/indiana#property_division

Iowa http://www.divorcenet.com/states/iowa#property_division

Kansas http://www.divorcenet.com/states/kansas#property_division

Kentucky http://www.divorcenet.com/states/kentucky#property_division

Louisiana http://www.divorcenet.com/states/louisiana#property_division

Maine http://www.divorcenet.com/states/maine#property_division

Maryland http://www.divorcenet.com/states/maryland#property_division

Massachusetts – Equitable Distribution State Massachusetts has a very broad definition of marital property. All property, no matter how or when acquired, is considered marital property. However, “equitable” doesn’t mean 50-50, especially in short-term marriages where property was acquired prior to the marriage. If the marital home was purchased during the marriage, the equity will probably be split 50-50, barring any unusual circumstances, such as a short-term marriage where one spouse put up all the money. http://www.divorcenet.com/states/massachusetts#property_division

Michigan http://www.divorcenet.com/states/michigan#property_division

Minnesota http://www.divorcenet.com/states/minnesota#property_division

Mississippi http://www.divorcenet.com/states/mississippi#property_division

Missouri http://www.divorcenet.com/states/missouri#property_division

Montana http://www.divorcenet.com/states/montana#property_division

Nebraska http://www.divorcenet.com/states/nebraska#property_division

Nevada http://www.divorcenet.com/states/nevada#property_division

New Hampshirehttp://www.divorcenet.com/states/new_hampshire#property_division

New Jersey - Equitable Distribution State
In New Jersey, the marital home is generally considered marital property, subject to equitable (not necessarily equal) division. Barring any unusual circumstances, especially in the case of a long-term marriage, the home equity will be split equally. http://www.divorcenet.com/states/new_jersey#property_division

New Mexico http://www.divorcenet.com/states/new_mexico#property_division

New York http://www.divorcenet.com/states/new_york#property_division

North Carolina http://www.divorcenet.com/states/north_carolina#property_division

Ohio http://www.divorcenet.com/states/ohio#property_division

Oklahoma http://www.divorcenet.com/states/oklahoma#property_division

Oregon http://www.divorcenet.com/states/oregon#property_division

Pennsylvania http://www.divorcenet.com/states/pennsylvania#property_division

Rhode Island http://www.divorcenet.com/states/rhode_island#property_division

South Dakota http://www.divorcenet.com/states/south_dakota#property_division

Tennessee http://www.divorcenet.com/states/tennessee#property_division

Texas http://www.divorcenet.com/states/texas#property_division

Utah http://www.divorcenet.com/states/utah#property_division