Marital property is generally property that is acquired during marriage, is jointly owned by the spouses, and is subject to division upon divorce—whether the spouses reside in (1) an equitable distribution or common law property state or (2) in a community property state.

Marital property is distinct from separate property, which is generally property that a spouse acquired before marriage—or acquired by gift or inheritance during marriage—and is not subject to division upon divorce.

Community property states generally include Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, divorce courts generally start with the presumption that the marital property is owned equally by the spouses and will be divided equally upon divorce.

In other states—so-called equitable distribution or common law property states—the divorce court attempts to divide the spouses’ assets equitably (fairly) and may consider a spouse’s separate property in deciding to make an unequal division of the spouses’ marital property.

In practice, the difference between the division of assets in community property states and in equitable distribution states is sometimes not as great as it may seem, as the court in a community property state may have the discretion to divide the spouses’ community property on a 60-40, 70-30, or other unequal basis.

In Washington, which is a community property state, marital property is considered to be jointly owned by both spouses and is typically divided equally upon divorce. Marital property includes assets and debts acquired during the marriage, except for separate property, which consists of assets acquired before marriage or received as a gift or inheritance during the marriage. Separate property is not subject to division in a divorce. Washington courts generally presume that all property acquired during the marriage is community property and should be divided 50-50, unless there are compelling reasons for an unequal division. However, the court may consider factors such as the duration of the marriage, the financial situation of each spouse, and other relevant circumstances to decide if an unequal division of community property is warranted. It's important to note that while the starting point is an equal division, the actual division of assets may vary based on the court's discretion and the specific details of the case.