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Is Delaware a community property state?

No. Delaware courts divide marital property equitably, without regard to marital misconduct, in the proportions the court considers just after weighing statutory factors. Property acquired before marriage, its growth in value, and qualifying gifts and inheritances are not marital property.[1]

Property system
Equitable

Marital property defined in 13 Del. C. § 1513(b)[1]

At divorce
Equitable distribution

The court sets the split under this standard · 13 Del. C. § 1513(a)[1]

What Delaware’s statutes say

  1. Dividing property at divorce

    On either party's request, the court equitably divides marital property without regard to marital misconduct, in proportions it deems just after considering relevant factors.[1]

    “the Court shall, upon request of either party, equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct, in such proportions as the Court deems just after considering all relevant factors”[1]

    13 Del. C. § 1513(a) · checked October 26, 2026

  2. Marital property

    Marital property is all property acquired by either spouse after the marriage (with listed exceptions) plus jointly titled real estate bought before the marriage.[1]

    “(1) All property acquired by either party subsequent to the marriage, except any of the following …”[1]

    13 Del. C. § 1513(b) · checked October 26, 2026

  3. Nonmarital property

    Excluded: gifts and inheritances to one spouse that meet listed conditions (such as being titled solely to that spouse), property exchanged for premarital property, property excluded by agreement, and the increase in value of premarital property.[1]

    “a. Property acquired by an individual spouse by bequest, devise, or descent or by gift, including a gift in trust (but excluding gifts between spouses that are made outright and free from trust), if any of the following apply …”[1]

    13 Del. C. § 1513(b)(1)a. · checked October 26, 2026

Not legal advice. Plain-English summaries of Delaware’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in Delaware.

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Sources

Delaware’s statutes, read on the official site (or an official court source where the line says so), with the date we checked them.

  1. 13 Del. C. § 1513(a) (Delaware Code Online)delcode.delaware.govchecked ↩