Skilled Attorney Helping With Property Division In Arizona Divorce
Last updated on March 18, 2025
Property division is often one of the most challenging aspects of divorce. Arizona law requires an equitable division of assets and debts acquired during the marriage, but navigating this process can be complex and emotionally charged. Understanding the distinction between community and separate property is essential to protecting your financial interests.
At Cervone Law P.C., our attorney brings extensive experience helping clients throughout Arizona navigate the complexities of property division. We approach each case with sensitivity and strategic thinking, working diligently to secure a fair distribution of assets while protecting your long-term financial well-being.
Community Property Vs. Separate Property In Arizona
Arizona is one of nine community property states in the nation. That significantly impacts how assets are divided in divorce. Community property includes most assets and debts acquired during the marriage, regardless of which spouse earned the income or whose name is on the title. Separate property includes assets owned before marriage, gifts received by one spouse and inheritances specifically designated to one spouse.
Property acquired after legal separation is typically considered separate. Commingled assets, where separate property becomes mixed with marital assets, can complicate the division process. Courts presume that community property should be divided equally, though judges have the discretion to determine what constitutes a fair and equitable division.
Factors Considered In Arizona Property Division
When dividing marital assets and debts, Arizona courts consider several factors:
- Length of the marriage
- Each spouse’s economic circumstances
- Contributions to education or career advancement
- Future earning potential of each spouse
- Whether one spouse wasted or concealed assets
- Tax consequences of the property division
These factors help the court determine the most equitable distribution in each unique situation.
Property Division FAQs
Here are answers to some common questions about property division in Arizona divorces:
Who keeps the house in an Arizona divorce?
Either spouse may keep the home by buying out the other’s interest, or the court may order the home sold with proceeds divided between parties. The decision often depends on factors such as child custody arrangements and financial ability.
What is not considered community property in Arizona?
Assets that typically remain separate include premarital property, inheritances, gifts to one spouse, certain personal injury settlements and property designated as separate in a valid prenuptial agreement.
Contact Our Experienced Legal Team
Contact our Phoenix office at 602-858-6329 or through our online contact form to schedule a consultation with our knowledgeable divorce team.