Law Offices of Matthew S. Schultz, P.C.
480-900-6032

Property Division Archives

Business valuation essential when owners divorce

The assets of business owners or partners in Arizona generally represent marital property when they seek divorce. As a community property state, the law requires equal division of marital property. For this reason, someone entering the divorce process needs to calculate accurately the current value of business holdings. An independent forensic accountant has the training to open a company's books and determine the valuation.

Will divorce affect your claim to your inheritance funds?

If you inherit or stand to inherit property and assets after the death of a loved one, you may wonder what claim, if any, a spouse may have to these items. If you end up facing divorce, will your spouse be able to take a portion of the funds? Since your family gifted the inheritance directly to you, isn't it automatically your own separate property?

The basics of a property division agreement


Previous posts here have mentioned how the divorce process can be much easier for couples in Arizona when they are able to reach agreements about certain aspects of the legal process. For instance, some divorces are agreed to mutually - both partners realize that it is best for each of them to move on from the marriage. Couples like this who are going through a divorce in Arizona may be able to work out many different parts of the divorce process, such as one of the biggest issues: property division.

Potential tax reform could have significant impact on divorce


In a divorce, there are many different concerns for Arizona residents. The focus in divorces that involve children will rightfully be on child custody, support and visitation, while all divorces will include concerns about property division. But, one aspect of divorce that may be an afterthought is how the divorce will impact a person's tax situation.

Why is "community property" an important term in Arizona?


Couples in Arizona who are going through the divorce process are likely to encounter certain terms that are unfamiliar to them. After all, for many people their interactions with divorce court are the first time that they have ever had contact with the judicial system. So-called "legalese" can seem pervasive. One important term that will come up in any divorce in Arizona is "community property."

Property division includes debt division


When a couple in Arizona is going through a divorce, it can be very easy for either soon-to-be ex-spouse to focus on one particular issue, such as child custody or alimony. It is pretty much common knowledge that property will be divided between the couple in the divorce, so some people pay less attention to this topic. However, our readers would be doing so to their own detriment. Why? Well, it's because property division includes not only splitting up assets, but debt as well.

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


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.

A Tempe asset and debt division lawyer who cares


If you are just beginning the divorce process in Tempe, you may have questions about how your property will be distributed. Arizona is a community property state, a fact that strongly impacts how the property division will be handled. If you or your spouse has a pension or retirement plan, the division of this asset could add a degree of complexity to the property division.

A QDRO is valuable with retirement assets in a divorce


Arizona couples that have decided to end a marriage will have a multitude of concerns as the case moves forward. For couples who have retirement assets to worry about, it is important that the participants know everything they can about a Qualified Domestic Relations Order or QDRO. This is a tool in deciding how the couple will split the retirement assets.

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Law Offices of Matthew S. Schultz

401 W. Baseline Road, Suite 203 Tempe, AZ 85283 Phone: 480-900-6032 Map & Directions