Arizona is a community property state, meaning that community property and debts are subject to equal division in the event of a divorce. Unfortunately, property is not always easy to define as marital especially if its ownership is difficult to trace. If you are facing a divorce and have questions about how your assets will be viewed by the court, the complex property division attorneys at the 602 Law Group want to help. We are here to provide experienced representation and help to make your negotiations as fair as possible.
Contact us today at 602-857-5000 to schedule your consultation with a Phoenix divorce lawyer.
How We Can Help
Never wait to find out how your hard-earned assets will be affected by Arizona’s community property laws. Talk to a knowledgeable attorney at the 602 Law Group right away.
At the 602 Law Group, we will help you define your marital assets and reach an acceptable plan for dividing your community property. We will also fight to protect your separate property.
Speak to one of our complex property division attorneys in Phoenix. Call or contact the 602 Law Group today.
What is Community Property?
Community property includes any property acquired by either spouse during the marriage. Spouses may enter into their own property settlement agreement upon a divorce or the court will divide their property according to Arizona community property laws.
Arizona’s community property laws apply equally to debts.
When Community Property Becomes Complex
Once community property is identified, it must be valued and divided between the spouses. Some assets are more difficult to value than others such as:
- Professional practices
- Family businesses
- Marital interest in retirement and investment accounts
Professional appraisers are typically used for these valuations. Dividing these assets equally can prove much more challenging than determining their value.
When complex property is indivisible or selling an asset is impractical, one spouse may choose to pay the other a property equalization payment and keep an asset intact.
What is Separate Property?
Arizona’s community property laws do not apply to separate property. Separate property is property held by one spouse alone and includes:
- Property inherited by or gifted to only one spouse
- Property owned by a spouse prior to marriage
- Property or income generated or purchased using a spouse’s separate property
- Property set apart by a valid prenuptial or postnuptial appointment
A spouse who claims property as separate must prove that fact by clear and convincing evidence such as written documentation or admission of their spouse.
When Separate Property Becomes Complex
Separate property becomes complex when the non-owner spouse or community makes a claim against that property’s increase in value during the marriage or its ownership status.
Such claims may be legitimate if:
- Community funds were used to make payments on the separate property
- The non-owner spouse made improvements to the separate property
- The non-owner spouse’s efforts during the marriage allowed a separately-owned business to prosper
- The separate property was titled in both spouses’ names at some point in the marriage
- Separate funds were deposited into a community bank account during the marriage
The most common cases where a spouse may have a claim to a portion of separate property are those involving real estate and businesses.
Contact the 602 Law Group’s Complex Property Division Attorneys Today
The best way to prepare for complex property division is to retain skilled legal counsel before taking any action. At the 602 Law Group, our Arizona family law lawyers will answer your questions and help you get a divorce strategy in place immediately.
Learn how Arizona’s property laws could affect your separate property. Call the experienced Phoenix complex property division attorneys at the 602 Law Group today at 602-857-5000.