Property Division Guidelines
Understand how property is typically divided in your state
These are guidelines, not legal advice. Every divorce is unique, and you and your spouse can agree to divide property differently than these guidelines suggest. Courts also have discretion based on your specific circumstances.
The Three Property Division Systems
Community Property (9 states)
AZ, CA, ID, LA, NV, NM, TX, WA, WI
Property acquired during marriage is owned 50/50 by both spouses, regardless of whose name is on it. Pre-marital property and inheritances are typically separate.
Equitable Distribution (majority of states)
Property is divided "equitably" (fairly) — not necessarily equally. Courts consider factors like marriage length, each spouse's contributions, and future needs. Pre-marital property is usually protected.
All-Property / Hotchpot (3 states)
CT, MA, IN
Courts can divide ANY property owned by either spouse — including pre-marital assets, inheritances, and gifts. Nothing is automatically protected.
Key Terms to Know
Marital Property
Assets acquired during the marriage, typically subject to division.
Separate Property
Assets owned before marriage, or received as gifts/inheritance to one spouse.
Commingling
Mixing separate property with marital property (e.g., depositing inheritance into a joint account).
Transmutation
Converting separate property to marital property through actions (e.g., adding spouse to title).
QDRO
Qualified Domestic Relations Order — required to divide most retirement accounts.
We'll apply these guidelines to your specific situation