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Divorce Property Division FAQ


When a couple gets divorced, one of the main concerns apart from children is what to do with the property (and debts) shared by the couple. Who gets the house? Who gets the dog? The answer depends on a number of factors, including the laws of the state in which the divorce is filed.


What happens to our property and debt if we get divorced?

The easiest way to deal with property during a divorce is to decide how to divide it up amongst yourselves. But because most divorcing couples aren't able to amicably decide how to deal with these issues, however, the matter usually ends up in court.

There are two general ways property division is handled, depending on state law:

  • Community Property: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states (as is the U.S. territory of Puerto Rico). This means that all marital property is typically defined as community property or separate property. When divorcing, community property is typically divided evenly, and separate property is kept by its owner.

Note that when courts divide property, that doesn't necessarily mean the property is literally (physically) split. A court will usually add up the total value of the marital estate and grant each spouse a percentage.

What's the difference between community and non-community property?


  • Property purchased with commingled funds : If you purchase or maintain items with a mixture of separate and community property, it's likely that a court will decide it's community property. If you want to keep your property separate, you need to work to keep it completely separate, otherwise it will become commingled and converted to community property.

Property Division: Who gets the house?


If there are no children involved, then courts vary considerably on how they distribute the marital home. Neither party typically has a legal right to ask the other to leave, but one partner can always request it. If you and your spouse can't agree, the court will decide based on the rules in its state and which kind of property system your state has.


Sometimes relationships can become very toxic, so be careful not to allege domestic violence out of spite just to get the other partner out of the house. If the judge believes you've done this, then you can seriously jeopardize your rights to marital property, including ownership the house.

Learn More About Divorce Property Division by Talking to an Attorney




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