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What is an “All Property” Divorce State?

White square with a gold border and the words “What is an all property state?” with the Freed Marcroft family law firm logo in the lower right corner.One of the key pieces of a divorce is the division of property.  An “all property” state — like Connecticut — allows courts to divide all of both spouses’ property in a divorce.

Read on to learn more.

What is an “All Property” Divorce State?

Some state laws establish two categories of property — “separate property” and “community property.”  Generally speaking, in those states, courts can distribute community property between the spouses, but each spouse keeps his or her separate property.

In contrast, when spouses divorce in an “all property” state like Connecticut, the court can distribute practically all of their property, including:

  • Property that each spouse acquired prior to the marriage
  • Property in the name of one spouse only
  • Inheritances and gifts

Are There Any Exceptions?

Divorce courts cannot divide a very limited category of property ownership called an “expectancy.”

Read: What’s the Definition of Property in a Divorce?

How Does Property Division Work in Connecticut?

Connecticut family law courts have broad authority to award property to either side in a divorce.  This is true regardless of how it is titled, when it was acquired, or whether it was received as a gift or inheritance.

In Connecticut, how property is divided based upon “equitable distribution.”  In other words, courts divide property equitably — which does not necessarily mean equally.

Read: What is Equitable Distribution?

Next Steps

To start making a plan for your divorce, reach out.  Our first step at Freed Marcroft, the Goals & Planning Conference, is designed to get to the heart of your problem and unveil your true goals.  We analyze those goals, plus the facts of your case, and present you with recommendations and options to move forward.

Schedule your Goals & Planning Conference today, or contact us either here or by phone at 860-560-8160.

Written by Meghan Freed