Who owns what in a marriage in the United States?

In most states, property belongs to the spouse in whose name it is, and there is no automatic joint ownership. In the community property states, which include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, property acquired during the marriage is joint.

Most states use equitable distribution, where a court divides marital property fairly, not always equally. Community property states generally divide community property equally, or in a way the state law specifies.

Prenuptial agreements are generally enforceable if they are in writing, voluntary and fair, with proper disclosure. Details differ by state.

Property from before the marriage and gifts and inheritances are generally separate, but can become marital if mixed with marital property.

Moving between states can change which rules apply, so a couple who moves should check the rules of the new state.

• Alaska lets spouses opt in to a community property system by agreement.

The United States belongs to the Common law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the United States legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in the United States? →

• Internal Revenue Service: community property