Summary
Detailed information on how assets and debts are divided in marriage and divorce in the 10 states with community property laws
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If your name’s not on a debt, you don’t have to worry about it when you get a divorce, right? Think again. In 10 states, so-called “community property” laws mean that you could be responsible for your ex’s debts, even if they were solely in his or her name.
The interactive map below shows details on the laws in all 10 states. Click on a blue-colored state; its law’s highlights will appear below the map.
Community property laws by state
Ten states have community property laws that determine how debt and possessions are divided in a divorce.
Alaska
Is opting-in mandatory?
Yes
When is the marriage over?
For most assets and debts, at the time of separation. For real property, at the final hearing.
Does the state recognize common law marriage?
Only if established elsewhere
Is there a residency requirement for the person filing for divorce?
Yes. Proof of residency and intent to remain indefinitely must be provided.
Is income from seperate property considered community property?
No
How is debt divided?
Equitably
How is community property divided?
Equitably
Is property acquired in a non-community property state considered property?
No clear law has been set
What could warrant uneven distribution of community property or debt?
Disproportionate earning capacity, age and health of parties and need for the martial residence
Arizona
Is opting-in mandatory?
No
When is the marriage over?
Date of dissolution
Does the state recognize common law marriage?
Only if established elsewhere
Is there a residency requirement for the person filing for divorce?
Yes, 90 days
Is income from seperate property considered community property?
No
How is debt divided?
Equitably
How is community property divided?
Equitably
Is property acquired in a non-community property state considered property?
Yes
What could warrant uneven distribution of community property or debt?
Excessive expenditures by one spouse, destruction of property and hiding assets
California
Is opting-in mandatory?
No
When is the marriage over?
Date of separation
Does the state recognize common law marriage?
Only if established elsewhere
Is there a residency requirement for the person filing for divorce?
Yes, six months
Is income from seperate property considered community property?
No
How is debt divided?
Equally
How is community property divided?
Equally
Is property acquired in a non-community property state considered property?
Yes
What could warrant uneven distribution of community property or debt?
Marital waste, hiding assets, disproportionate earning capacity
Idaho
Is opting-in mandatory?
No
When is the marriage over?
When the decree is signed and the order is entered
Does the state recognize common law marriage?
Only if the union was created on or before January 1996 in Idaho or elsewhere
Is there a residency requirement for the person filing for divorce?
Yes, generally six weeks
Is income from seperate property considered community property?
Yes
How is debt divided?
Equitably
How is community property divided?
Equitably
Is property acquired in a non-community property state considered property?
Yes
What could warrant uneven distribution of community property or debt?
Marital waste, mismanagement of funds, unequal financial positions or earning capacity
Louisiana
Is opting-in mandatory?
No
When is the marriage over?
The date the divorce is filed
Does the state recognize common law marriage?
Only if established elsewhere
Is there a residency requirement for the person filing for divorce?
Yes. Need to prove residence with intent to remain
Is income from seperate property considered community property?
Yes
How is debt divided?
Equally
How is community property divided?
Equally
Is property acquired in a non-community property state considered property?
Yes
What could warrant uneven distribution of community property or debt?
Mismanagement of funds
Nevada
Is opting-in mandatory?
No
When is the marriage over?
Date of dissolution. Either the final date of trial or the date agreed upon by parties
Does the state recognize common law marriage?
Only if established elsewhere
Is there a residency requirement for the person filing for divorce?
Yes, six weeks
Is income from seperate property considered community property?
No
How is debt divided?
Equally
How is community property divided?
Equally
Is property acquired in a non-community property state considered property?
No clear law has been set.
What could warrant uneven distribution of community property or debt?
Marital waste, misuse of funds
New Mexico
Is opting-in mandatory?
No
When is the marriage over?
When the divorce decree is signed
Does the state recognize common law marriage?
Only if established elsewhere
Is there a residency requirement for the person filing for divorce?
Yes, six months
Is income from seperate property considered community property?
No
How is debt divided?
Equitably
How is community property divided?
Equitably
Is property acquired in a non-community property state considered property?
Yes
What could warrant uneven distribution of community property or debt?
Marital waste and mismanagement of funds
Texas
Is opting-in mandatory?
No
When is the marriage over?
When the divorce decree is signed
Does the state recognize common law marriage?
Yes
Is there a residency requirement for the person filing for divorce?
Yes, six months
Is income from seperate property considered community property?
Yes
How is debt divided?
Equitably
How is community property divided?
Equitably
Is property acquired in a non-community property state considered property?
Yes
What could warrant uneven distribution of community property or debt?
Needs of children, unequal financial positions or earning capacity and fault in breakup of marriage
Washington
Is opting-in mandatory?
No
When is the marriage over?
When the parties are living separately with no intent to reconcile
Does the state recognize common law marriage?
Not unless it was established elsewhere
Is there a residency requirement for the person filing for divorce?
Yes, but there is no set time requirement
Is income from seperate property considered community property?
No
How is debt divided?
Equitably
How is community property divided?
Equitably
Is property acquired in a non-community property state considered property?
Yes
What could warrant uneven distribution of community property or debt?
Unequal earning capacity, marital waste and needs of children. In Washington, separate property — generally property acquired before marriage — may be awarded to the other spouse in rare instances.
Wisconsin
Is opting-in mandatory?
No
When is the marriage over?
The date of the final decree
Does the state recognize common law marriage?
Only if established elsewhere
Is there a residency requirement for the person filing for divorce?
Yes, six months
Is income from seperate property considered community property?
No
How is debt divided?
Equitably
How is community property divided?
Equitably
Is property acquired in a non-community property state considered property?
No
What could warrant uneven distribution of community property or debt?
Marital waste
See related: 8 things cardholders should know about community property laws, Advice on dividing up, paying off debt after divorce
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