What is the definition of community property state?

Answer 1

Community property states are like California. Husband and Wife share 50% ownership of all that each other owns or is entitled to at the time of divorce. When they divorce, the court will simply add it all up, and divide by two.

Non-community property states divide assets based on "equitable distribution", which means they account for property owed prior to getting married, amount of money invested in a business owned by the spouse without ownership passing to the other person, etc.

Communtiy property states are mostly western states and the concept dates back to the pioneer days of mail-order brides. There weren't many women on the west coast to marry. If you wanted one, you had to marry a girl back east, and lure her to the West. No girl would risk life and limb to travel west without a guarrantee from lawmakers that said a mairred woman was entitled to half of whatever her spouse owns. That way, if the wife showed up ugly, and was abandoned by the new spouse, she wouldn't be left homeless. It's silly nowadays, but still the law in those states. That's why Californians invented prenuptual agreements to cancel the effects out.

Answer 2

A community property state is a jurisdiction where marital assets acquired during the marriage are considered jointly owned by both spouses, regardless of who earned the income or whose name is on the title. In these states, marital property is split equally in the event of divorce or separation.