Home > West's Encyclopedia of American Law > Community Property

The holdings and resources owned in common by a HUSBAND AND WIFE.

Community PROPERTY LAW concerns the distribution of property acquired by a couple during marriage in the event of the end of the marriage, whether by DIVORCE or death of one of the parties. In community property states all property accumulated by a husband and wife during their marriage becomes joint property even if it was originally acquired in the name of only one partner. The states that utilize a community property method of dividing resources were influenced by the CIVIL LAW system of France, Spain, and Mexico.

Laws vary among the states that recognize community property;...