Archive for the ‘Property Division’ Category

In most cases, Arizona courts divide community property equally between parties to a divorce, regardless of who earned it. While community property division may seem like a straightforward concept, the application of this rule is not always simple. Certain property can be considered as separate property belonging to only one spouse. For example, even in a community property state, certain property acquired during the marriage, such as gifts or inheritances, is considered separate property, and thus belongs solely to one spouse. In addition, one spouse’s sole and separate property can become “comingled” with the community property, which transforms that property [...]

Arizona is a community property state, which means that spouses share joint ownership in most property acquired during the marriage, regardless of which spouse earned or acquired it. However, there are exceptions to this rule. Property acquired through gift or inheritance can be treated as separate property. The community property designation becomes highly important in a divorce, when it comes time to divide the marital property. The principle underlying community property is that regardless of whose name is on the title or who earns the majority of the income, both spouses contribute to the family unit. Upon property division in an [...]