Is Arkansas A Community Property State?

Introduction

If you are married and living in Arkansas, you may wonder whether the state follows community property laws. Community property laws generally mean that all assets and debts acquired during the marriage are equally owned by both spouses. In this article, we will explore whether Arkansas is a community property state or not.

What is Community Property?

Community property is a system of property ownership where all assets and debts acquired during the marriage are considered equally owned by both spouses. This means that both spouses have an equal share of the property, regardless of who acquired it or whose name is on the title.

States with Community Property Laws

There are nine states in the US that follow community property laws. These states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, all assets and debts acquired during the marriage are considered community property.

States without Community Property Laws

The remaining states in the US are known as common law states. In these states, property acquired during the marriage is owned by the spouse who acquired it, unless it is titled in both names. These states include Arkansas, Alabama, Alaska, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wyoming.

Is Arkansas a Community Property State?

No, Arkansas is not a community property state. Instead, Arkansas follows the common law system of property ownership. This means that property acquired during the marriage is owned by the spouse who acquired it, unless it is titled in both names.

Exceptions to Arkansas’ Common Law System

While Arkansas is not a community property state, there are some exceptions to the common law system of property ownership. These exceptions include:

Marital Property

Marital property is property acquired during the marriage that is considered jointly owned by both spouses. This includes property acquired by either spouse through their labor, skill, or industry during the marriage.

Equitable Division

In Arkansas, courts use equitable division to divide property in a divorce. This means that property is divided fairly, but not necessarily equally. Courts will consider a variety of factors when dividing property, including the length of the marriage, each spouse’s contribution to the marriage, and each spouse’s earning potential.

Separate Property

Separate property is property acquired before the marriage or after a legal separation. This property is owned by the spouse who acquired it and is not subject to equitable division in a divorce.

Conclusion

In conclusion, Arkansas is not a community property state. Instead, it follows the common law system of property ownership. However, there are exceptions to the common law system, including marital property, equitable division, and separate property. If you are going through a divorce in Arkansas, it is important to understand how property division works in the state.