In some states, marital property is categorized as either separate or communal. Separate property typically includes assets owned before the marriage, inheritances, and gifts received during the marriage. Community property, on the other hand, generally encompasses assets acquired during the marriage. In a community property system, each spouse is considered to have an equal ownership interest in these shared assets.
The legal framework governing marital property has significant implications for asset division in cases of divorce or death. It impacts how property is allocated, potentially influencing spousal support calculations and estate planning. Historically, community property systems have roots in Spanish and French civil law traditions.