What is “Community Property?”
Arizona law defines “community property” as “all property (including debts) acquired by either the husband or wife during the marriage.”
This broad definition extends not only to major acquisitions like investments, real estate, or vehicles, but also to small items like jewelry, antiques, and household goods.
One of the key issues confronted in the vast majority of Arizona divorces focuses on how the couple will split the community property owned within the marriage. This process, known as the “division of marital property,” can have long-lasting effects on your financial stability after the divorce is final.
Any debts acquired during the marriage are also considered community property.
Because so many items acquired during the marriage belong to both spouses, it is crucial to understand how community property functions and how the community is to be divided in accordance with Arizona law.
During a divorce, you and your spouse have the opportunity to decide how the community property will be divided.
If an agreement is not feasible, the court may divide the property.
In an Arizona divorce, community property is theoretically divided “equitably” to give each person a roughly equal chance at establishing a future.
Remember, however, that an “equitable” distribution is not always the same as an “equal” one.
At Mushkatel, Gobbato, & Kile, P.L.L.C., our experienced Arizona family law attorneys have helped people throughout the Surprise, Peoria, Scottsdale, Sun City, and Glendale areas to navigate the rocky waters of divorce successfully. Contact us today at (480) 467-3434 for a confidential consultation.
About the Author
Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.
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