Property Division

All property acquired prior to the date of marriage is deemed to be each party’s sole and separate property. Arizona is a community property state and all property acquired during the marriage is generally considered to be community property. Gifts and inheritances to one of the spouses is an exception and is the recipient spouse’s sole and separate property.

The Arizona courts “equitably” divide the parties’ community property without regard to marital misconduct. The court can consider excessive or abnormal expenditures of community property in determining an equitable division of the community property that remains. Although this may appear to be simple, it is often quite complex especially when community property and sole and separate property have been commingled or community property was utilized to enhance someone’s separate property or vice-versa.

It is important to consult with an Arizona divorce attorney if your case entails such complexities.