Is Pennsylvania a community property state?

1. Dividing property at divorce

   On request in a divorce, the court equitably divides marital property without regard to marital misconduct, in the percentages it deems just after considering all relevant factors.^[1]

   “the court shall equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors.”^[1]

   23 Pa.C.S. § 3502(a) · checked October 26, 2026

2. Marital property

   Marital property is all property acquired by either spouse during the marriage, plus certain increases in value of nonmarital property.^[1]

   “‘marital property’ means all property acquired by either party during the marriage and the increase in value of any nonmarital property acquired pursuant to paragraphs (1) and (3) as measured and determined under subsection (a.1).”^[1]

   23 Pa.C.S. § 3501(a) · checked October 26, 2026

3. Nonmarital property

   Marital property does not include property acquired before marriage, property excluded by a valid agreement, or property acquired by gift (other than between spouses), bequest, devise or descent, among other listed exclusions.^[1]

   “marital property does not include: (1) Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage. (2) Property excluded by valid agreement of the parties entered into before, during or after the marriage. (3) Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.”^[1]

   23 Pa.C.S. § 3501(a)(1)-(3) · checked October 26, 2026

Not legal advice. Plain-English summaries of Pennsylvania’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 Pennsylvania.