How Is Property Divided in a Divorce in Arizona?

Married couples may accumulate significant assets during their relationship. When they split up, this property must be divided.
Arizona has a variety of rules that can help determine how property is divided in a divorce.
If you would like to know what goes into deciding how property is split during a divorce in Arizona, contact Mushkatel, Robbins & Becker, P.L.L.C.

 

Is Arizona a Community Property State?

Yes, Arizona is a community property state.
In community property states, spouses must generally equally split the property they accumulated together during the marriage when they divorce.
In Arizona, assets, and debts a couple acquires during the marriage are generally considered community property and owned equally by both spouses.
However, Arizona’s community property laws do not require that all property and debt be exactly equally divided like most other community property states.
The law only requires that the division be fair and equitable.

There is a strong presumption under Arizona law that assets and debts the spouses acquire during the marriage are community property.
However, there are some exceptions when the property will be considered separate, such as:

• The spouse owned property alone before the marriage, sold that property during the marriage, and bought other property with the proceeds
• A spouse received property as a gift or inheritance
• The property is subject to the terms of a prenuptial or postnuptial agreement

There are ways that separate property can become community property, so it is important to talk to a knowledgeable Arizona divorce lawyer to understand what you may be entitled to in a divorce.

Who Keeps the House in an Arizona Divorce?

A house is one of the most valuable assets a couple may have.
In many cases, the family home is sold and the spouses split the proceeds.
In other situations when selling the house is undesirable (such as for economic reasons), the house may be allocated to one of the spouses.
The other spouse may have to “buy out” the spouse’s share or give them more personal property in exchange for the house.

If a couple cannot reach a property settlement agreement, a judge divides the couple’s property and debts. The judge may consider various factors when dividing property, including the family home, such as:

• Who purchased the property and the source of the funds

• Who paid the mortgage and other expenses related to the property

• Whether the property provides an income stream to one or both spouses

• Whether a spouse is willing to give up other property to keep the house

• Whether there are children who would benefit from being raised in the home

• Whether either spouse tried to destroy, conceal, or damage community property

What Is a Wife Entitled to in a Divorce in Arizona?

Both spouses, regardless of their sex, are generally entitled to half of the community property in a divorce in Arizona.

Can My Wife Take My Retirement in a Divorce?

If the retirement account was acquired during the marriage, it can be subject to division in a divorce.
In many situations, property may be partially separate property and partially community property.
For example, if a spouse had a retirement account before marriage, that portion of the retirement account would be separate property.
However, the account’s earnings and additional contributions to the account made during the marriage would be community property, subject to division.

Some couples prefer to keep their own retirement accounts rather than divide both of them.
Spouses are free to enter into divorce settlement agreements regarding the division of their property.
The court will generally uphold such agreements as long as they are fair to both spouses.

Is Debt Also Included in a Divorce?

Yes, debt must also be divided in a divorce. The couple must assign all debt to one or both spouses.
Marital debts may include:

• Mortgages
• Car loans
• Personal loans
• Student loans
• Back taxes
• Credit card debt
• Medical debt
• Unpaid utilities
• Loans from family members or friends

Divorce agreements and orders are not binding on creditors. Therefore, even if the court orders your spouse to pay a certain debt, if your spouse fails to do so, the creditor can still pursue you for payment.

How Do I Protect My Assets During a Divorce?

The best way to protect your assets during a divorce is to contact an experienced Arizona family lawyer for legal advice and assistance.
At Mushkatel, Gobbato, & Kile, P.L.L.C., our family law attorneys have successfully represented clients dealing with divorce and support issues for years.
There may be a variety of strategies that can help protect your assets during divorce, such as:

• Cataloging and appraising your assets so they do not go missing during the divorce process
• Arguing that certain property should be considered separate or community property based on the facts surrounding the property
• Establishing that separate property became comingled and is now community property
• Challenging or defending a prenuptial or postnuptial agreement
• Proving your spouse committed “waste” so you are entitled to a larger share of the community property
• Uncovering hidden assets
• Seeking court orders while your case is pending that protect your assets
• Using the formal discovery process to locate and value marital assets
• Securing spousal support and child support to help you meet your financial obligations
• Requiring your spouse to obtain life insurance to protect future support payments
• Helping you structure a settlement agreement that best protects your and your family’s future
• Arguing to the court why you should be entitled to certain property
• Placing a lien on your spouse’s property to ensure the payment of certain debts

Contact Our Arizona Divorce Attorneys Today

If you have questions about your property rights under Arizona’s community property laws or would like to know more about how a lawyer can help you during this process, contact Mushkatel, Robbins & Becker, P.L.L.C.
Our family law attorneys have successfully handled various legal situations to help families going through a divorce. We can discuss your particular circumstances during a consultation.

Visit our Sun City Property Division Law Offices