As of 2015, marital property states include California, Arizona, New Mexico, Wisconsin and Washington. Idaho, Nevada, Louisiana and Texas are also marital property states, About.com says. In these states, assets, income and property are considered jointly owned by married persons.Continue Reading
The states that have community property laws govern how property and debt are divided in the event of a divorce, Find Law notes. These states determine how the property is divided after a divorce, but the laws may vary on how the property is divided, Find Law explains. States such as California divide property and debt equally, and Texas divides assets and debts equitably.
Courts consider a variety of factors in states that use the equitable distribution rule. Certain situations warrant uneven distribution of the property and debt, including which parent serves as the legal guardian of any children of the marriage. Community property is considered the property acquired during the marriage, Find Law notes. Community property includes wages earned by each spouse, furniture and household items purchased during the marriage, the mortgage and family home, and interest earned on business operations and investments. Separate property is generally considered anything owned prior to the marriage, a gift or item inherited during the marriage, and anything the spouse acquired or earned after the date of legal separation.Learn more about Law