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How does property division work in an Arizona divorce?

Divorce is a complex process that can lead to difficult feelings, especially over issues pertaining to property division. If you are facing the prospect of a complex divorce process, it is beneficial to learn about how courts deal with the division of all marital property and debt when a couple decides to end their marriage. 

Arizona is a community property state, which means all property accumulated over the course of the marriage is subject to division. There can be sharp disputes over what is marital property and what is separate property. If you have concerns over your property rights or how to protect your interests, you may find it helpful to have experienced guidance on your side.

What will I get to keep?

It is normal to have serious concerns over what will happen to your property after divorce. In some cases, couples are able to come to an agreement through negotiations and other out-of-court dispute settlement options, but this may not be the case for you. If it is necessary for a court to decide on your property division settlement, it will dictate the division of all community property. This includes:

  • Any wages or sources of income earned by either spouse over the course of the marriage
  • Any assets or types of property bought or accumulated by either spouse over the course of the marriage
  • Any property that both parties agree should be community property

There are certain types of property and assets that are not subject to division during a divorce. Examples of separate property includes the following:

  • Property you owned before you were married
  • Inheritance left to you over the course of your marriage
  • Gifts specifically given to you during your marriage

In order to reduce the chance of conflict over property during a divorce, many couples find it beneficial to draft a prenuptial agreement.

Pursuing a reasonable outcome

Any property division order should be fair and reasonable. If you have concerns that your spouse may attempt to act unfairly or pursue property that is clearly your separate property, you have the right to fight back. These are legally complex issues, but you do not have to walk through it alone.

One of the most practical ways you can shield yourself from complications and ensure the full protection of your interests is to seek guidance from the very beginning of your divorce process. With help, you can obtain the reasonable and fair outcome you deserve.

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