In community property states, all property a couple gains during the marriage is divided equally.
One-half of the community property goes to the survivor in any case, and the whole of it if there is no will and neither children nor the issue of children.
If the owner is a married man the homestead may be selected from the community property but not the wife's separate property without her consent, and when it has been selected, even if from the husband's separate property, it cannot be encumbered or conveyed without the wife's consent.
However, in the United States, it's possible to accomplish a divorce this way as long as the couple is in complete agreement about the divorce and how to divide all of the community property.
Two ways property can be divided in a divorce is through equitable distribution or through a community property divorce settlement.
