Family law
Community property
A system in which most property either spouse acquires during the marriage belongs to both. In Texas, for example, community property is everything acquired during marriage other than separate property.[1]
In more detail
Texas presumes property either spouse has during or at the end of a marriage is community property unless clear and convincing evidence shows otherwise.[1] The IRS lists nine community property states for federal tax purposes: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.[2] Most other states divide property by equitable distribution.
Varies by state
Community property rules differ even among the nine states, and a few others let couples opt in. Find your state’s rules.
Related terms
- Separate propertyProperty that belongs to one spouse alone, such as what they owned before the marriage or received during it by gift or inheritance.
- Equitable distributionThe way many states divide marital assets and debts in a divorce: fairly, which isn't always equally.
- Marital propertyThe assets and debts a court treats as belonging to the marriage and divides in a divorce.
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Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
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Cite this page
MediationList. (2026, October 28). Community property: Definition. https://mediationlist.com/glossary/community-property/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.