how is property divided in a common law situation
Who owns what property in a marriage, after divorce, or after a spouse's death depends on whether the couple lives in a common law property state or a community property state. During marriage, these classifications may seem trivial, but in the unfortunate events of divorce or death, these details become very important. Common Law Property States. Most states are common law property states. So, what does it mean to live in a common law property state? The term common law is simply a term used to determine the ownership of marital property (property acquired during marriage). The common law system provides that property acquired by one member of a married couple is owned completely and solely by that person.