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What do you need to know about property division in Arizona?

by | Jul 13, 2017 | Property Division |

Most of our readers probably know the broad strokes involved in a divorce, but what they may not realize is that each state has their own specific state laws governing this type of legal scenario. Arizona, particularly, has a set of divorce laws that is somewhat different from the vast majority of other states in America. Arizona is what is known as a “community property” state, and that comes with some unique potential for complications.

So, what do our readers need to know about divorce and property division in Arizona? Well, the first and foremost thing to know about divorce law in Arizona is that the community property systems states, in general, that each spouse has property that was owned separately before the marriage – and that property stays separate. However, any property acquired during the course of the marriage is considered “community” property, and is therefore subject to the property division process in the divorce.

In a community property state, such as Arizona, the ultimate decision on property division is to divide the couple’s community property equally between the two: a 50/50 split. This split also applies to any debt held by the couple as well.

The oftentimes complex nature of divorce law in Arizona makes it, in some cases, more desirable to seek an out-of-court settlement with your soon-to-be ex-spouse. If divorcing couples can reach an agreement on their own, it will likely be ratified by the court. For those Arizona residents who are thinking about seeking a divorce, it is a good idea to get more information about the applicable law.

Post Type: Q&A