Is Montana a community property state?
No. Montana is not a community property state. In a divorce the court equitably apportions all property belonging to either or both spouses, however and whenever acquired, without regard to marital misconduct.[1]
- At divorce
- Equitable distribution
The court sets the split under this standard · Mont. Code Ann. § 40-4-202(1)[1]
What Montana’s statutes say
Dividing property at divorce
The court finally and equitably apportions the property and assets of either or both spouses, however and whenever acquired, without regard to marital misconduct.[1]
“the court, without regard to marital misconduct, shall, and in a proceeding for legal separation may, finally equitably apportion between the parties the property and assets belonging to either or both, however and whenever acquired and whether the title to the property and assets is in the name of the husband or wife or both”[1]
Mont. Code Ann. § 40-4-202(1) · checked October 26, 2026
We didn’t find a statutory definition of marital or separate property in the Montana text we read, so none is quoted here.
Not legal advice. Plain-English summaries of Montana’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 Montana.
More
Compare nearby states
- Idaho · community property
- North Dakota · equitable distribution
- South Dakota · opt-in community property
- Wyoming · equitable distribution
Sources
Montana’s statutes, read on the official site (or an official court source where the line says so), with the date we checked them.